Citation : 2021 Latest Caselaw 4619 Tel
Judgement Date : 27 December, 2021
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.898 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
On 02.12.2021 there was no appearance and the
matter was adjourned to 24.12.2021. Today also there is
no appearance on behalf of the appellant.
The facts of the case reveal that W.P.No.12908 of
2019 was preferred by the appellant herein before the
learned Single Judge alleging construction in violation of
the sanctioned building plan and the appellant, at a later
point of time, submitted a letter for withdrawal of the writ
petition for the reasons best known to him. In those
circumstances, the learned Single Judge by an order
dated 27.09.2019 has observed that if the Court accords
permission to the writ petitioner for withdrawal, the same
would encourage the unscrupulous builders to carry on
building activities in violation of the norms.
This Court does not find any reason to interfere
with the order passed by the learned Single Judge. The
writ petition has to be decided on merits. The learned
2
Single Judge is requested to decide the writ petition at an
early date.
Office is directed to list the writ petition before the
learned Single Judge on 28.12.2021. The parties shall
appear before the learned Single Judge on that date.
The writ appeal is accordingly dismissed. The
miscellaneous applications pending, if any, shall stand
closed. There shall be no order as to costs.
___________________________
SATISH CHANDRA SHARMA, CJ
___________________________
N. TUKARAMJI, J
27.12.2021
Note: Issue C.C today.
B/o.
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