Bombay High Court
Mr. Ram Devnath Thakur And Others vs State Of Mahrashtra Thr Secretary ... on 5 April, 2017
Bench: V.A. Naik
wp1698.13.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.1698/2013
PETITIONERS: 1. Mr. Ram Devnath Thakur,
Aged 50 yrs., Occupation - Service,
r/o Plot No.47, Process Server Co-op.
Housing Society, Swavalambi Nagar,
Nagpur - 440022.
2. Mr. Tukaram Wasudev Joshi,
Aged 66 yrs., Occupation - Retired,
r/o Plot No.48, Process Server Co-op.
Housing Society, Swavalambi Nagar,
Nagpur - 440022.
3. Mr. Ramesh Krishnarao Menjoge,
Aged 67 yrs., Occupation - Retired,
r/o Plot No.49, Process Server Co-op.
Housing Society, Swavalambi Nagar,
Nagpur - 440022.
4. Mr. Sanjay Arvind Nakhate,
Aged 57 yrs., Occupation - Retired,
r/o Plot No.50, Process Server Co-op.
Housing Society, Swavalambi Nagar,
Nagpur - 440022.
5. Mr. Subhash Bapurao Kukekar,
Aged 56 yrs., Occupation - Service,
r/o Plot No.52, Process Server Co-op.
Housing Society Swavalambi Nagar,
Nagpur - 440022.
6. Mr. Vinay Raghunath Thatte,
Aged 45 yrs., Occupation - Service,
r/o Plot No.54, Process Server Co-op.
Housing Society, Swavalambi Nagar,
Nagpur - 440022.
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wp1698.13.odt
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7. Mr. Dattaram Kamalakar Bopardikar,
Aged 57 yrs., Occupation - Service,
r/o Plot No.47, Process Server Co-op.
Housing Society, Swavalambi Nagar,
Nagpur - 440022.
...VERSUS...
RESPONDENTS : 1. State of Maharashtra, Urban Development
& Town Planning Department, Through
its Secretary, Mantralaya, Mumbai - 32.
2. Nagpur Improvement Trust, Through its
Chairman, Civil Lines, Nagpur.
3. Nagpur Municipal Corporation, Through
its Commissioner, Civil Lines, Nagpur.
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Shri A.V. Khare, Advocate for petitioners
Shri A.M. Joshi, AGP for respondent no.1
Shri G.A. Kunte, Advocate for respondent no.2
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CORAM : SMT. VASANTI A NAIK, AND
MRS. SWAPNA JOSHI, JJ.
DATE : 05.04.2017
ORAL JUDGMENT (PER : SMT. VASANTI A. NAIK, J.)
By this petition, the petitioners have sought a declaration
that the respondents are not entitled to construct the residential
tenements on the public utility plot in Khasra No.89/1. The petitioners
have sought an order restraining the respondents from making the
construction activity on the said plot.
wp1698.13.odt
Shri Kunte, the learned Counsel for the Nagpur
Improvement Trust has tendered an affidavit of the respondent no.2 in
the Court today. The same is accepted on record. It is stated in paragraph
no.3 of the affidavit that the Nagpur Improvement Trust has not taken
any policy decision for constructing the tenements on the said plot.
It is stated that in view of the aforesaid statement, the writ petition could
be disposed of.
In view of the statement made in paragraph no.3 of the
affidavit-in-reply filed on behalf of the Nagpur Improvement Trust, the
cause of action for filing the writ petition would not survive.
Hence, by accepting the statement made on behalf of the
respondent no.2, that would be binding on the respondent no.2, we
dispose of the writ petition with no order as to costs. Rule stands
discharged.
JUDGE JUDGE
Wadkar
