Quashed

Venkat Ailaiy Bhasha Boina and 4 Others v. Mumbai Municipal Corporation and 2 Others

Bombay HC5 Oct 2018WP/3093/2018

Case brief

AI extract

What is this about?

This bench quashed and set aside impugned orders dated 24th September 2018 issued by the Corporation. The court directed the Corporation to issue a fresh notice per a prior Division Bench order and fixed a hearing schedule. It expressly reserved merit of the underlying matter.

What did the court decide?

Impugned orders of 24th September 2018 are quashed; fresh notice to be issued within two weeks; hearing fixed; issues on merits kept open.

Venkat Ailaiy Bhasha Boina and 4 Others Vs Mumbai… — Writ and Judicial Review | Bombay HC (2018)

902-wpl-3149-18.doc

pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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WRIT PETITION LODGING NO. 3149 OF 2018

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Venkat Ailaiy Bhasha Boina and ors.

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.. Petitioners

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Vs.

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Mumbai Municipal Corporation & Ors.

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.. Respondents

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Mr. M. M. Vashi, Sr. Advocate a/w Ms. Aparna Deokar I/by M. P. Vashi Associates for petitioners.

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Mr. A. Y. Sakhare, Sr. Advocate a/w Mr. Rajesh Patil, Ms. Vandana Mahadik for MCGM.

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CORAM: NARESH H. PATIL, ACTING CJ. & G. S. KULKARNI, J.

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OCTOBER 05, 2018.

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P.C.

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The learned Senior Counsel Mr. Sakhare, appearing for the Corporation, submits that the Corporation intends to issue fresh notice to

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the petitioners in accordance with the directions issued by the Division

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Bench of this Court (Coram : B. R. Gavai and M. S. Karnik,JJ.) in Writ Petition No. 652 of 2017 and connected matters on 1/11/2017. The learned Senior Counsel submits that within two weeks from today fresh notice, as

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stated above, will be issued to the petitioners.

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902-wpl-3149-18.doc

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After service of said notice by the Designated Authority of the Corporation, petitioners/affected parties are at liberty to file reply to the said notice within two weeks thereafter. The Designated Authority, thereafter, would hear the petitioners/affected parties and decide the issue by giving brief reasoned order, in case the petitioners/affected parties appear before it within one week thereafter.

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The schedule of hearing is as under :-

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(a) The Corporation / Designated Authority would issue fresh notice to the petitioners / affected persons, within two weeks from today, in accordance with the directions issued by the Division Bench of this Court (Coram : B. R. Gavai and M. S. Karnik,JJ.) in Writ Petition No. 652 of 2017 and connected matters on 1/11/2017.

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(b) Within two weeks thereafter, the petitioners / affected parties are entitled to file reply.

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(c) After filing of reply, within the stipulated time, the Designated Authority/Corporation would hear the petitioners/affected parties on 2/11/2018, in case they appear before it, and decide the issue by giving brief reasoned order within one week thereafter.

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902-wpl-3149-18.doc

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In the light of the above, the impugned orders 24^th September,

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2018 are quashed and set aside.

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It is clarified that we have not expressed any opinion on merits

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of the matter. All issues are kept open.

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Writ Petition is disposed of accordingly.

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G. S. KULKARNI J. ACTING CHIEF JUSTICE

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Pravin Dasharath Pandit

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Digitally signed by Pravin Dasharath Pandit Date: 2018.10.06 10:15:20 +0530

Venkat Ailaiy Bhasha Boina and 4 Others v. Mumbai Municipal Corporation and 2 Others

Case brief

What is this about?

What did the court decide?

Venkat Ailaiy Bhasha Boina and 4 Others v. Mumbai Municipal Corporation and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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