wp4110.03.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.4110/2003
PETITIONER: Janrao son of Sitaramji Thakre,
aged about 65 years, Occupation
Retired Servant and Cultivator,
resident of Ward No.1, Zingabai Takli,
Mankapur, Nagpur.
...VERSUS...
RESPONDENTS : 1. State of Maharashtra, through
its Secretary, Urban Development Department,
Mantralaya, Mumbai - 32.
2. Nagpur Improvement Trust, Nagpur,
through its Chairman, Kingsway, Nagpur.
3. Moti-Krishna Gruha Nirman Sahkari Sanstha
Takli (Zingabai) Rathi Lay-out, Ward No.1,
Maryadit, Chindwara Road, Nagpur - 30.
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Ms R.P. Jog, Adv. h/f Shri A.C. Dharmadhikari, Adv. for petitioner
Shri I.J. Damle, AGP for respondent no.1
Shri Y.R. Kinkhede, Adv. h/f Mrs. B.H. Dangre, Adv. for respondent no.2
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CORAM : SMT. VASANTI A NAIK, AND
KUM. INDIRA JAIN, JJ.
DATE : 20.10.2016 ORAL JUDGMENT (PER : SMT. VASANTI A NAIK, J.) By this writ petition, the petitioner has challenged the memorandum, dated 20.4.2002 rejecting the application made by the petitioner under the Gunthewari Act on the ground that the plot of the petitioner is affected by 18.00 meters wide DP road.
::: Uploaded on - 21/10/2016 ::: Downloaded on - 22/10/2016 01:02:54 :::wp4110.03.odt 2 It is stated on behalf of the petitioner that during the pendency of the writ petition, the reservation of the land for the DP road has been deleted and it would now be necessary for the Nagpur Improvement Trust to consider the application of the petitioner, afresh and regularize the plot of the petitioner under the Gunthewari Act.
Shri Kinkhede, the learned Counsel holding for Mrs. Dangre, the learned Counsel for the Nagpur Improvement Trust does not dispute that the land does not now stand under the reservation for the DP road and the application made by the petitioner is under consideration. It is stated that the application of the petitioner for regularization of the plot would be decided as early as possible.
In view of the statements recorded herein above, the grievance of the petitioner would stand redressed. Hence, we dispose of the writ petition with a direction to the Nagpur Improvement Trust to decide the application of the petitioner as early as possible and positively within six months.
Rule is made absolute in the aforesaid terms with no order as to costs.
JUDGE JUDGE
Wadkar
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