Petitioner sought direction for allotment of a Tapsri/shop plot. Court found no proof of application submission and dismissed the petition, allowing fresh application in future.
None granted. Petition dismissed. Freedom to make fresh application allowed.
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wp488112.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO.4881 OF 2012
Appa s/o Sakharam Jagtap
Petitioner
Versus
The State of Maharashtra & another
Respondents
Mr.D.R.Jaybhar, advocate for the petitioner Mr.S.G.Karlekar, A.G.P. for Respondent No.1. Mr.A.S.Bajaj, advocate for the Respondent No.2.
CORAM : R.M.BORDE &
A.M.BADAR, JJ. DATE :01st April, 2014
PER COURT:
1 The petitioner is seeking a direction to the RespondentCidco authorities to decide pending claim of the petitioner for allotment of Tapri/shop plot for conducting small business.
2 Learned Counsel appearing for Respondent-Cidco authorities states on oath that no such application, as claimed by the petitioner, has been received by the Cidco authorities. The property of the petitioner has been acquired by the Cidco in 1994 and there is no evidence to substantiate claim of the petitioner that he has approached the Cidco authorities with a request for
wp488112.odt
{2}
allotment of Tapri/shop plot till this date.
3 In these circumstances, prayer made by the petitioner, in the instant petition, does not deserve consideration. Writ Petition, as such, stands dismissed. However, it will be open for the petitioner to tender fresh application to the Cidco authorities, which will be considered by the authorities in accordance with the policy prescribed in that behalf.
A.M. BADAR
JUDGE
R.M.BORDE
JUDGE
adb/wp488112
1 issue framed by the court
Whether a pending claim for allotment of a Tapsri/shop plot can be directed given lack of evidence of application receipt.
Appa s/o Sakharam Jagtap
The State of Maharashtra
R.M. Borde
A.M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
