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Bombay High Court

Marvel Sigma Homes Pvt. Ltd. (Formerly ... vs State Of Maharashtra Through Revenue ... on 25 January, 2021

Author: Vinay Joshi

Bench: S.J. Kathawalla, Vinay Joshi

Swaroop    Digitally signed
           by Swaroop S.
S.         Phadke
           Date: 2021.01.28
Phadke     20:40:47 +0530
                                          1    / 2                       9- WP-(ST)-3221-2020.odt

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CIVIL APPELLATE JURISDICTION
                              WRIT PETITION (ST) NO. 3221 OF 2020
Rustam Phiroze Metha                                               ...     Petitioner
          Versus
State of Maharashtra and others                                    ...     Respondents
                                         ALONGWITH
                                WRIT PETITION NO.2657 OF 2020
Marvel Sigma Homes Pvt. Ltd.
(Formerly known as Marvel Dwelling Pvt. Ltd.)                      ...     Petitioner
          Versus
State of Maharashtra and others                                    ...     Respondents
                                              .........
Mr. Sharan Jagtinai, Senior Advocate alongwith Ms. Shradha Achaliya, Ms. Vinsha
Acharya and Mr. Krishnan Iyer instructed by Ms. Namrata A. Agashe for the
Petitioners.
Mr. Sanjeev Kadam instructed by Mr. Amit Gharte for Respondent No.4.
Ms. K.N. Solunke, AGP for the Respondent-State.
Ms. Trupti Kolte, Tahsildar, Pune, present in Court.
Mr. Vishwajeet Subhash Jhavar, Director of Respondent No.4, present.
                                       .........
                                        CORAM :         S.J. KATHAWALLA AND
                                                        VINAY JOSHI, JJ.
                                        DATED :         JANUARY 25, 2021.

P.C. :-

The Learned Advocate appearing for Respondent No.3 has today informed us that in compliance with our direction dated 6th March, 2020, he is ready with all the documents. We have asked the Learned Advocate to place the said documents on Kanchan P Dhuri 2 / 2 9- WP-(ST)-3221-2020.odt Affidavit. The Learned Advocate states that he shall furnish a copy of the Affidavit alongwith all the documents to the Advocate for the Petitioner by 27th February, 2021. The Tahsildar is also present before us. The explanation given to us by the Learned AGP qua the report of the Tahasildar is not convincing. However, it is possible that the Tahsildar has not understood how to proceed with the enquiry after the recovery certificate is sent to her by the Collector. We have therefore asked the Learned AGP to request the Government Pleader to appear in the matter and also explain to the Tahsildar what is required from her by the Collector as well as this Court. Stand over to 2nd February, 2021, High on Board, when the Learned Government Pleader shall remain present.

( VINAY JOSHI, J. )                                   ( S.J. KATHAWALLA, J. )




Kanchan P Dhuri