Allowed

Bhatawadekar and Co. v. Union of India and Ors.

Bombay HC10 Dec 2015WP/1606/2011

Case brief

AI extract

What is this about?

This court allowed the petitioner's petition to withdraw the writ petition with liberty to adopt appropriate proceedings under the Maharashtra Land Revenue Code, 1966. The interim relief granted previously is extended for 12 weeks, and contentions on merits are kept open.

What did the court decide?

Petition disposed with liberty to adopt appropriate proceedings under Maharashtra Land Revenue Code, 1966, and continuation of interim relief for 12 weeks.

Bhatawadekar and Co. Vs Union of India and Ors. — Writ and Judicial Review | Bombay HC (2015)

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14-WP1606-11+.DOC

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Atul

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1606 OF 2011

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M/s. Bhatwadekar & Co.…Petitioners
Versus
Union of India & Ors.…Respondents

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WITH CIVIL APPLICATION NO. 1613 OF 2013 IN

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WRIT PETITION NO. 1606 OF 2011

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Bharat Gaikwad & Others...Applicants
In the matter between
M/s. Bhatawadekar & Co.,...Petitioners
Versus
Union of India & Ors....Respondents

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Mr. Mohan Jayakar, i/b M/s. Jayakar & Partners, for the
Petitioners.
Mr. P.S. Gujar, for Respondent No. 1.
Mr. V.S. Gokhale, AGP, for Respondent Nos. 3 and 4.
Mr. S.R. Ingale, i/b Mr. V.S. Kapse, for Respondent No. 9.

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CORAM:A. S. OKA & G.S. PATEL, JJ.
DATED:10th December 2015

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PC:-

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1.Heard learned counsel appearing for the Petitioner and the
learned counsels appearing for the Respondent Nos. 1 and 9

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1 of 3

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respectively as also learned AGP appearing for Respondent Nos. 3
and 4.

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2.The learned counsel appearing for the Petitioners seeks
permission to withdraw this Petition with liberty to adopt
appropriate remedy under the Maharashtra Land Revenue Code,
1966 for challenging the sale of the subject property effected in
favour of the Respondent No. 9. As a statutory remedy is available
under the Maharashtra Land Revenue Code 1966, the said prayer
deserves to be accepted.

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3. Accordingly, we dispose of the Petition by passing the following order:

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(a) The Petition is disposed of by granting liberty to the Petitioners to adopt appropriate proceedings in accordance with the provisions of the Maharashtra Land Revenue Code, 1966; if such appropriate remedy is adopted, the concerned Authority is bound to take into consideration the fact that the present Petition was filed on 7th February 2011 in which the notice was issued on 23rd February 2011 and that the same remained pending till today;

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(b) To enable the Petitioners to adopt appropriate remedy and to seek appropriate interim relief therein, the adinterim relief granted on 23rd February 2011 shall continue to operate for a period of 12 weeks from today;

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2 of 3

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(c) All contentions on merits are kept open;

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(d) In view of disposal of the Writ Petition, Civil Application No. 1613 of 2013 does not survive and the same is disposed of as such.

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(G. S. PATEL, J.)

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(A. S. OKA, J.)

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Bhatawadekar and Co. v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

Bhatawadekar and Co. v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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