In group writ petitions challenging notices issued under state municipal and town planning Acts, the respondents voluntarily withdrew the notices. The bench, finding the petitions infructuous, dismissed them without granting the prayer for liberty to issue fresh notices.
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905 wp 307.18(group).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 307 OF 2018
Noor Hasan Babu Shaikh and ors. ..Petitioners Versus
Chief Officer, Ambarnath Nagar Parishad and anr. ..Respondents with
WRIT PETITION STAMP NO. 233 OF 2018
Umashankar Dwarkaprasad Chaudhari and ors. ..Petitioners Versus Chief Officer, Ambarnath Nagar Parishad and anr. ..Respondents with
WRIT PETITION NO. 1109 OF 2018
Anil Mahadev Bhapkar ..Petitioner Versus Chief Officer, Ambarnath Nagar Parishad and anr. ..Respondents
Mr. D. S. Mhaispurkar with Ms. Neelambari Jadhav-Deshmukh i/b. Mr. Sameer Mangaonkar, advocate for the petitioners. Mr. P. G. Sawant, AGP for the State. Mr. B. D. Joshi, advocate for the respondent No.1.
CORAM : RANJIT MORE & SMT.ANUJA PRABHUDESSAI, JJ.
DATE : 8th FEBRUARY, 2018.
P. C. :
Mr. Joshi, learned counsel, on instructions of the respondent No.1, submitted that the respondent No.1 will withdraw the impugned notices dated 28th December, 2017, issued under Section 179 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 and Section 55 of the Maharashtra Regional and Town Planning Act,1966, with liberty to issue fresh notices in accordance with law. Leave with liberty as prayed for, is granted.
Shubhada S Kadam 1/2
905 wp 307.18(group).doc
[SMT.ANUJA PRABHUDESSAI, J.] [RANJIT MORE, J.]
Shubhada S Kadam 2/2
2 issues framed by the court
Whether writ petitions challenging notices issued under Section 179 of the Maharashtra Municipal Councils Act and Section 55 of the Maharashtra R&T Planning Act merit admission.
Whether petitioners are entitled to liberty to issue fresh notices after withdrawal of the impugned notices.
2 provisions across 2 enactments
Noor Hasan Babu Shaikh and ors.
Umashankar Dwarkaprasad Chaudhari and ors.
Anil Mahadev Bhapkar
Chief Officer, Ambarnath Nagar Parishad and anr.
RANJIT MORE
ANUJA PRABHUDESSAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
