Supreme Court - Daily Orders
Fatimabi vs Nagar Panchayat, Shirdi, Through Its ... on 3 November, 2023
Bench: B.R. Gavai, Prashant Kumar Mishra
1
ITEM NO.20 COURT NO.4 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 23683/2023
(Arising out of impugned final judgment and order dated 20-09-2023
in WP No. 4671/2019 passed by the High Court Of Judicature At
Bombay At Aurangabad)
FATIMABI BAKSHU SHAIKH & ORS. Petitioner(s)
VERSUS
NAGAR PANCHAYAT, SHIRDI, THROUGH
ITS CHIEF OFFICER & ORS. Respondent(s)
(IA No.217134/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT and IA No.217136/2023-APPLICATION FOR SUBSTITUTION and IA
No.217139/2023-SETTING ASIDE AN ABATEMENT and IA No.217135/2023-
EXEMPTION FROM FILING O.T. and IA No.217141/2023-APPLICATION FOR
CONDONATION OF DELAY IN FILING THE APPLICATION FOR SETTING ASIDE
THE ABATEMENT )
Date : 03-11-2023 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE B.R. GAVAI
HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA
For Petitioner(s)
Mr. Nishant Ramakantrao Katneshwarkar, AOR
Mr. Shrirang Katneshwarkar, Adv.
Mr. Sachin Kulkarni, Adv.
For Respondent(s)
Mr. Sanjay Kharde, Adv.
Mr. Satyajeet Kharde, Adv.
Mr. Sunil Kumar Verma, AOR
UPON hearing the counsel the Court made the following
O R D E R
Signature Not Verified Digitally signed by Deepak Singh Date: 2023.11.04
1. For the reasons assigned, the application for 13:14:25 IST Reason:
substitution is allowed after condoning the delay and setting 2 aside the abatement, if any.
2. Mr. Nishant Ramakantrao Katneshwarkar, learned counsel appearing for the petitioners states that the petitioners do not want to press the present petition on merits. The petitioners’ claim in the petition is only for a direction to the respondent(s) to allot them alternate premises. He further submits that they will handover the vacant possession to respondent No.2 – Saibaba Sansthan, within a period of three weeks from today.
3. In the facts and circumstances of the case, we are not inclined to entertain the present petition in the extraordinary jurisdiction. However, we direct the respondent-Sansthan to consider the prayer of the petitioners for grant of alternate accommodation on sympathetic ground. We are inclined to issue the said direction inasmuch as, the respondent-Sansthan itself had passed a resolution to grant alternate accommodation to the persons whose land was acquired.
4. We permit the petitioners to make the representation to respondent No.2 – Saibaba Sansthan, for grant of alternative accommodation.
5. On such representation(s) being made, the same would be considered sympathetically, within a period of three months from receipt of the representation(s). 3
6. The special leave petition is, accordingly, disposed of.
7. Pending application(s), if any, stand disposed of.
(DEEPAK SINGH) (ANJU KAPOOR) COURT MASTER (SH) COURT MASTER (NSH)