Bharat Mahadeo Parate And Others vs The State Of Maharashtra, Through Its ...
2023 Latest Caselaw 12884 Bom

Bombay High Court

Bharat Mahadeo Parate And Others vs The State Of Maharashtra, Through Its ... on 15 December, 2023

Author: Anuja Prabhudessai

Bench: Anuja Prabhudessai

2023:BHC-NAG:17428-DB




                                                   1                  wp5719.2018.odt

                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             NAGPUR BENCH : NAGPUR
                              WRIT PETITION NO.5719/2018

              1.   Bharat Mahadeo Parate,
                   aged 64 Yrs., Occ. Retired.
              2.   Babitai Bharat Parate,
                   aged 61 Yrs., Occ. Retired.                  ..Dead (deleted)
              3.   Aakash Bharat Parate,
                   aged 24 Yrs., Occ. Service.
                   Petitioner Nos.1 and 3
                   R/o Vinoba Bhave Nagar,
                   Wanjri, Nagpur.                              ...    Petitioners
                     - Versus -
              1.   The State of Maharashtra,
                   through its Secretary, Department
                   of Urban Development, Mantralaya,
                   Mumbai 400 032.
              2.  Nagpur Improvement Trust,
                  through its Chairman, Near
                  Liberty Theater, Sadar,
                  Nagpur.                                      ...    Respondents
                          -----------------
              Mr. R.S. Parsodkar, Counsel for the Petitioners.
              Ms. Ritu Sharma, A.G.P. for Respondent No.3.
                          ----------------
              CORAM :- SMT. ANUJA PRABHUDESAI &
                       MRS. VRUSHALI V. JOSHI, JJ.
              DATED :- 15.12.2023


               ORAL JUDGMENT (Per Smt. Anuja Prabhudesai, J.)

Heard. Rule. Rule made returnable forthwith. Heard finally by consent.

2 wp5719.2018.odt

2. At the outset, learned counsel for the petitioners

states that petitioner Nos.2 and 3 have already given up their

claim in respect of Plot Nos.B11 and B12 and that the petitioners

are restricting relief only in respect of prayer clause (2a).

3. Respondent No.2 had issued an advertisement for

auction of plots in village Binakhi, Vinoba Bhave Nagar, Nagpur.

The petitioners participated in the said auction. Bids were

accepted and they were allotted Plot Nos.B10, B11 and B12. The

petitioners paid the bid amount and applied for extension to

deposit the balance amount of 3/4th amount. The Government

by its Government Resolution dated 6.4.2010 extended the time

to deposit the balance amount by relaxing the condition.

Accordingly the petitioners submitted the application to accept

the amount as per Government Resolution dated 6.4.2010. The

inaction on the part of respondents compelled the petitioners to

approach this Court by filing the present petition.

4. The petitioner No.1 also filed additional affidavit

stating that they have decided to retain only one plot i.e. Plot 3 wp5719.2018.odt

No.10B in the name of petitioner No.1. Learned counsel for the

petitioners further stated that petitioners will pay 3/4th amount as

per Government Resolution dated 6.4.2010.

4. Since the petitioners have given up their claim on

other two plots and are ready to pay 3/4th balance amount as per

Government Resolution dated 6.4.2010 the petition is allowed in

terms of prayer clause 2(a) which reads as follows:-

"Issue appropriate writ, order or directions in the nature of mandamus thereby direct respondent No.2 the NIT to allot plot No.B10 in the name of petitioner No.1 Bharat Mahadeo Parate and further accept balance 3/4th amount for plot No.B10 as per Govt. Resolution, dated 6.4.2010 and execute the lease in respect of plot No.B-10 in favour of petitioner No.1 Bharat Mahadeo Parate."

Rule made absolute in the above terms.

(MRS. VRUSHALI V. JOSHI, J.) (SMT. ANUJA PRABHUDESAI, J.)

Tambaskar.

Signed by: MR. N.V. TAMBASKAR Designation: PA To Honourable Judge Date: 20/12/2023 18:09:14