The Court observed that shop premises implicated in the petitions were already demolished for road widening, rendering specific prayers infructuous. Consequently, no argument was entertained and both writ petitions were disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WPs 914/12 & 923/12
- 1 -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.914/2012
Abhaykumar Champalal Jain & others.
...Petitioners..
Versus
The State of Maharashtra & others.
...Respondents...
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WRIT PETITION NO.923/2012
Manohar Muleraj Sharma & others.
...Petitioners..
Versus
The State of Maharashtra & others.
...Respondents..
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
Shri Rahul S. Pawar, Advocate for petitioners.
Shri K.G. Patil, AGP for respondent nos.1 to 5.
Shri P.P. Chavan, Advocate for respondent no.6.
Shri Milind Patil, Advocate for respondent no.7.
CORAM: R.M. BORDE &
A.M. BADAR, JJ.
DATE: 06.03.2014
ORDER :
WPs 914/12 & 923/12
1]Learned counsel for the petitioners appearing in
these petitions informs that the shop premises are
already demolished for the purpose of road widening. As
such the prayer clause (C) contained in the writ
petitions is rendered infructuous. So far as relief
claimed in the prayer clause (B) for allotment of
alternative shops is concerned, it is informed that the
writ petitions containing similar prayer have already
been disposed of.
2]In that view of the matter, no indulgence is called
for in the instant writ petitions. As such, both the
writ petitions stand disposed of.
ndk/c631439
1 issue framed by the court
Whether the writ petitions requiring allotment of alternative shops are maintainable in light of demolition of premises for road widening.
Abhaykumar Champalal Jain & others.
Manohar Muleraj Sharma & others.
The State of Maharashtra
R.M. Borda
A.M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court