Jolly Brothers Private Limited ... vs The State Of Maharashtra Through ...
2022 Latest Caselaw 9926 Bom

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


                                    WRIT PETITION NO.3717 OF 2022


            Jolly Brothers Private Limited & Anr.         .. Petitioners
                      v/s.
            The state of Maharashtra through
            its Principal Secretary & Ors.                .. Respondents


            Mr. Virag Tulzapurkar, Senior Advocate, a/w Chirag Kamdar, Suraj
            Juneja & Akshit R. i/b. M/s. Wadia Ghandy & Co. for the petitioners.
            Mr. Hemant Haryan, AGP, for the State-respondent no.1.
            Mr. Anoop Patil a/w Ms. Sheetal Metakari i/b. Mr. Sunil Sonawane for
            respondent nos.2 to 5-MCGM.
            Mr. Nitin Vasantrao Patil, AEBP (S&T) and Mr. Hemant Shriram Madhvi,
            SEBP (S&T-E), MCGM Officers are present in Court.


                                                    CORAM : R.D. DHANUKA &
                                                              KAMAL KHATA, JJ.

DATED : 28TH SEPTEMBER, 2022.

P.C. :

1. This matter was argued at length yesterday. The learned counsel

for the Municipal Corporation tenders a copy of the judgment

dated 23rd January, 2022 passed by the Division Bench of this

Court in Public Interest Litigation no.127 of 2022 in case of

Laksh Nagri Seva Sanstha v/s. State of Maharashtra and Digitally signed by SANDHYA SANDHYA BHAGU BHAGU WADHWA WADHWA Date:

2022.09.30 10:27:49 +0530

915.wp-3717-22.doc wadhwa others and vehemently urged that this Court in the said Public

Interest Litigation has directed the enquiry to be conducted on

various points and issues contained in paragraph 66 of the said

judgment which includes the lease hold plots in favour of the

petitioner granted by the State Government.

2. Mr. Tulzapurkar, learned Senior Counsel for the petitioners states

that the State Government shall be directed to place on record the

report, if any, produced by the State Government in the said

Public Interest Litigation or to show the status of the enquiry

conducted by the State Government in pursuance of the said

order.

3. Learned AGP seeks two weeks time to place such report, if any, on

record or to state the status of the said enquiry directed to be

conducted by this Court in the said Public Interest Litigation.

4. Municipal Corporation is also directed to file affidavit in reply

within two weeks from today as to why the reliefs prayed by the

petitioners in the writ petition shall not be granted.

5. Place the matter High on Board on 14 th October, 2022. If any

such report is prepared by the State Government, a copy of such

915.wp-3717-22.doc wadhwa report shall be furnished to the learned Senior Counsel for the

petitioner in advance well before the date of filing an affidavit.

6. Copy of the affidavit in reply that will be filed by the State

Government shall also be served upon the learned counsel for the

Corporation within the same time.

(KAMAL KHATA, J.) (R.D.DHANUKA, J.)

915.wp-3717-22.doc wadhwa