Bombay High Court
Ramakant V. Pai vs The State Of Maharashtra And Ors on 1 October, 2020
Bench: R. D. Dhanuka, Madhav J. Jamdar
(1) WP 1497-20
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Amk
WRIT PETITION NO. 1497 OF 2020
AND
WRIT PETITION NO. 7538 OF 2007
Ramakant V. Pai .. Petitioner
Vs.
State of Maharashtra & Ors. .. Respondents
Mr. Rohan Cama a/w. Mr. Prateek Pai, Mr. Shashwat Rai and Ms.
Alefiyah Shipchandler i/b Keystone Partners for the Petitioner.
Mr. P. G. Sawant, AGP for Respondent No.1 in WP 1497/20.
Mr. U. D. Patil, AGP for Respondent No.1 in WP 7538/07.
Mr. A. A. Garge a/w. Ms. Anushree Koparkar for Respondent Nos.2
and 3.
CORAM : R. D. DHANUKA &
MADHAV J. JAMDAR, JJ.
DATE : 1st OCTOBER, 2020.
(THROUGH VIDEO CONFERENCE) P. C. :
1. Both the Petitions are placed on board for Speaking to the Minutes of order dated 25.09.2020 on the praecipes filed by the Petitioner as well as Respondent Nos.2 and 3.
2. In the cause title the number of Writ Petition No. 1497 of 2020 mentioned as Writ Petition (St) No. 1497 of 2020 shall be read as Writ Petition No. 1497 of 2020.
3. In the appearance of learned Counsel for Respondent Nos.2 and 3 shown in the order as Aniruddha Garge shall be read as Aniruddh 1/3 (1) WP 1497-20 Garge. The name of the Advocate shall be corrected as aforesaid if the same is found in the later part of the Judgment also.
4. It is made clear that the time granted to the State Government in paragraph 31 to publish the lapsing of the reservation in the Official Gazette as per the requirement of Section 127(2) of the MRTP Act shall be done preferably within a period of three months from today.
5. Mr. Garge, learned Counsel for Respondent Nos.2 and 3 states that without prejudice to the rights and contentions of Respondent Nos.2 and 3 may be permitted to withdraw the amount deposited by his client in the sum of Rs.35,64,432/- on 10.11.2004 with the State of Maharashtra pursuant to the notice issued by the Petitioner under Section 49 of the MRTP Act with interest accrued, if any.
6. Since this Court has already allowed the Writ Petition in terms of prayer Clause (a) and has directed the State Government to publish in the Official Gazette the notification under Section 127(2) of the MRTP Act, Respondent Nos.2 and 3 are permitted to withdraw the said amount deposited with the State Government with accrued interest, if any, without prejudice to the rights and contentions of the parties. If any such application is made by Respondent Nos.2 and 3, the State Government shall release the said amount within four weeks from the date of such application.
7. In so far as the clarification sought by Respondent Nos.2 and 3 in 2/3 (1) WP 1497-20 the praecipe regarding issue that though the Petitioner had withdrawn Writ Petition No. 7538 of 2007 it is not reflected in the said order dated 25.09.2020 is concerned, it is made clear that this Court has passed separate order in Writ Petition No. 7538 of 2007 recording the application made by the learned Counsel for the Petitioner to withdraw the said Petition. No further clarification in this regard is required to be issued by this order.
8. Order dated 25.09.2020 is clarified in the aforesaid terms.
9. Both the Praecipes are disposed of in aforesaid terms.
10. This order will be digitally signed by the Private Secretary of this Court. Associate of this Court is permitted to forward the parties copy of this order by e-mail. All concerned to act on digitally signed copy of this order.
[MADHAV J. JAMDAR, J.] [R. D. DHANUKA, J.] Digitally signed Arjun by Arjun M. Kadam M. Date: 2020.10.01 Kadam 18:50:30 +0530 3/3