Bombay High Court
Santosh Ganesh Ranade vs State Of Maharashtra And Anr on 2 August, 2022
Bench: R.D. Dhanuka, Kamal Khata
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.9448 OF 2021
Balasheb Shankarrao Ganjve & Ors. .. Petitioners
Versus
State of Maharashtra & Anr. .. Respondents
WITH
WRIT PETITION NO.9045 OF 2022
Makarand Patankar .. Petitioner
Versus
State of Maharashtra & Anr. .. Respondents
WITH
WRIT PETITION NO.9046 OF 2022
Santosh Ganesh Ranade .. Petitioner
Versus
State of Maharashtra & Anr. .. Respondents
WITH
WRIT PETITION NO.9134 OF 2022
Ranjeet Prabhakar Naik & Ors. .. Petitioners
Versus
State of Maharashtra & Anr. .. Respondents
(Following matters are not on board, but allowed to be produced on
board.)
WITH
WRIT PETITION NO.6882 OF 2022
WITH
WRIT PETITION NO.10684 OF 2018
WITH
WRIT PETITION NO.10717 OF 2018
WITH
WRIT PETITION NO.1613 OF 2019
WITH
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WRIT PETITION (ST.)NO.3924 OF 2021
WITH
WRIT PETITION (ST.) NO.8372 OF 2021
WITH
WRIT PETITION (ST.) NO.1596 OF 2021
---
Mr.A. Hidayatullah, Senior Advocate a/w Mr.Makrand Joshi and
Mr.Rakesh Sawant i/by Max Legal for the petitioners.
Mr.Abhijit P. Kulkarni for the respondent nos.2 & 3-PMC.
Mr.A.I. Patel, Addl. GP a/w Mr.R.P. Kadam, AGP for the respondent
no.1-State.
---
CORAM : R.D. DHANUKA &
KAMAL KHATA, JJ.
DATE : 2nd August 2022
P.C.:-
. Mr.Hidayatullah, learned senior counsel for the petitioners,
on instructions, states that without prejudice to the rights and contentions
of his clients, his clients would deposit an amount at the rate of Rs.111/-
per sq.ft. for hoardings to the Pune Municipal Corporation on or before
28th August 2022 without fail. Statement made by the learned senior
counsel for the petitioners is accepted as and by way of undertaking to
this Court.
2. The Municipal Corporation to accept the said amount also
without prejudice to the rights and contentions of the Municipal
Corporation. It is made clear that this arrangement is an interim
arrangement in this batch of petitions and shall not be used as a
precedent in any other matter and is subject to further orders that would
be passed by this Court at the stage of final hearing of this petition.
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3. The Municipal Corporation to file an affidavit-in-reply
within one week from today and serve a copy thereof upon the
petitioners' advocate simultaneously. Rejoinder, if any, shall be filed
within one week thereafter.
4. Place the matter on board for 'hearing and final disposal' at
the admission stage on 6th September 2022 at 2.30 p.m.
5. Parties are at liberty to file in advance brief written
proposition of law along with compilation of the judgments which they
propose to rely upon in support of their rival contentions raised in this
petition with copies to be served upon the other side in advance before the
next date.
6. In view of the undertaking rendered by the learned counsel
for the petitioners, the Municipal Corporation shall not take any coercive
steps against each of these petitioners for recovery of the amount at the
rate of Rs.222/- per sq.ft. In case of default in making payment of
Rs.111/- per sq.ft. Within the time prescribed, interim protection to stand
vacated without further reference to Court.
KAMAL KHATA, J. R.D. DHANUKA, J.
