Nagpur Improvement Trust, Nagpur ... vs Suresh S/O Manoharlal Suri And ...
2023 Latest Caselaw 5384 Bom

                                                                                                  903-mca 364-23.odt
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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH, NAGPUR.

                        MISC. CIVIL APPLICATION NO.364 OF 2023
                                           IN
                     CIVIL WRIT PETITION NO. 4479 OF 2019(D)

    Nagpur Improvement Trust through its Chairman -Vs-Suresh Manoharlal Suri and ors.

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Office notes, Office Memoranda of
Coram, appearances, Court's orders                                   Court's or Judge's Orders.
or directions and Registrar's orders.
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                                       Mr.S.M.Puranik, counsel for the applicant.
                                       Mr.A.A.Madiwale, AGP for non-applicant Nos. 4 and 6.
                                       Mr.M.Anilkumar, counsel for non-applicant Nos.1 to 3.
                                       Mr.A.M.Kukday, counsel for non-applicant No.5.




                                                    CORAM : A.S.CHANDURKAR &
                                                            MRS.VRUSHALI V. JOSHI, JJ.

                                                    DATED           : 09.06.2023.



                                  1.            Heard.

                                  2.            Admit.

3. By the judgment dated 09.01.2023, this Court had allowed Writ Petition No.4479 of 2019 by observing in paragraph Nos.2, 3 and 4 that the notice dated 13.11.2017 was issued under Section 127 of the Maharashtra Regional and Town Planning Act, 1966. We, however, find that the said notice dated 13.11.2017 (Annexure XIX) has been issued under Section 49 of the said Act and not under Section 127 of the said Act.

4. We, therefore, find that on the misconception that the said notice was issued under Section 127 of the

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903-mca 364-23.odt

said Act, the writ petition came to be decided. It is thus obvious that there is an error apparent on the face of the record requiring invocation of review jurisdiction. Accordingly, the judgment dated 09.01.2023 in Writ Petition No. 4479 of 2019 is recalled. The Writ Petition is restored for fresh consideration in accordance with law

5. Misc. Civil application is allowed and disposed of.

CIVIL WRIT PETITION NO. 4479 OF 2019

Put up for further consideration on 23.06.2023.

                                 JUDGE                                 JUDGE




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