Mr. Jagannath Tatya Patil vs State Of Maharashtra Through The ...
2022 Latest Caselaw 5598 Bom

                                                                      14-wp6595-22.doc

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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CIVIL APPELLATE JURISDICTION


            Digitally signed by
 VASANT     VASANT
                                  WRIT PETITION NO.6595 OF 2022
 ANANDRAO   ANANDRAO IDHOL
            Date: 2022.06.21
 IDHOL      17:16:12 +0530



       Jagannath T. Patil                                           ...Petitioner
                 V/s.
       State of Maharashtra & Ors.                                  ...Respondents


       Ms.Sanjukta Dey with Ms.Shalini Dey and Mr.Sagar Paspone for the
       Petitioner.

       Mr.Y.D. Patil, AGP for the State - Respondent Nos.1 to 10.

                                           CORAM : R.D. DHANUKA &
                                                   M.G. SEWLIKAR, JJ.

DATE : 20TH JUNE, 2022.

P.C. :-

1. Learned AGP waives service for the respondent nos.1 to

10. Issue notice upon the respondent nos.11 to 19, returnable on 11 th

July, 2022. Hamdast is permitted. It shall be made clear in the said

notice that the petition shall be heard finally at the admission stage. If

the respondent nos.11 to 19 remain absent, the matter would be

proceeded ex-parte against those respondents. Affidavit in reply

shall be filed within two weeks from the date of receipt of the papers

and proceedings with a copy to be served upon the petitioner's

advocate simultaneously. Rejoinder, if any, shall be filed within one

week thereafter.

14-wp6595-22.doc

2. The petitioner to make a statement before this Court on

the next date whether the petitioner is agreeable to file a civil suit for

adjudication of the rights asserted by the petitioner in this petition. In

catena of judgments delivered by this Court, it is held that the order

passed by the Authority under section 11 of MOFA, granting an order

of deemed conveyance does not confer any title on the applicant

under section 11 who had applied for the deemed conveyance. The

petitioner to consider this legal position and to make a statement

before Court on the next date.

(M.G. SEWLIKAR, J.)                                (R.D. DHANUKA, J.)