Swastik Builders Throu. Its Authorised ... vs The State Of Maharashtra Throu. Govt ...
2024 Latest Caselaw 6847 Bom

Bombay High Court

Swastik Builders Throu. Its Authorised ... vs The State Of Maharashtra Throu. Govt ... on 4 March, 2024

Author: Amit Borkar

Bench: Amit Borkar

                                                                                      9-wp-2800-2024.doc


                       Shabnoor
                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION

                                              WRIT PETITION NO.2800 OF 2024

         Digitally
         signed by
         SHABNOOR
SHABNOOR AYUB
AYUB
PATHAN
         PATHAN
                       Swastik Builders Through
         Date:


                       Its Authorised Partner Kushal Patel            ... Petitioner
         2024.03.04
         17:16:57
         +0530




                                   V/s.
                       The State of Maharashtra Through
                       Government Pleader & Ors                       ... Respondents



                       Mr. Pavan Patil, for Petitioner.
                       Mr. Y. D. Patil, AGP for State/Respondent Nos.1 & 2.



                                                       CORAM    : AMIT BORKAR, J.

                                                       DATED    : MARCH 4, 2024
                       P.C.:

1. Issue notice to respondent No.3, returnable on 15 April 2024.

2. Learned Advocate for the petitioner has placed reliance on the Division Bench judgment of this Court in the case of Rahul Rasiklal Nahar and Others Vs. State of Maharashtra and Others, reported in 2015 SCC OnLine Bom 649, and the judgment in Writ Petition No.11351 of 2014 (ITD Cementation India Limited Vs. The State of Maharashtra and Ors.). The facts of the cases referred are similar to the facts in the present writ petition. Hence, there shall be ad-interim relief in terms of prayer clause (b).

9-wp-2800-2024.doc

3. However, pendency of this writ petition shall not preclude respondent Nos.1 and 2 from initiating fresh proceedings under Section 48 (7) of the Maharashtra Land Revenue Code, 1966, if they desires so in the light of parameters laid down by the Apex Court in the case of Promoters and Builders Association of Pune Vs. State of Maharashtra in Civil Appeal No.10717 of 2014.

(AMIT BORKAR, J.)