Bombay High Court
Mr. Anthony F. Foss vs Municipal Corporation Of City Of Vasai ... on 26 September, 2022
Author: R.D. Dhanuka
Bench: R.D. Dhanuka
Digitally signed by
JAYARAJAN JAYARAJAN
ANJAKULATH
ANJAKULATH NAIR
NAIR Date: 2022.09.28
19:17:25 +0530
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.2027 OF 2019
IN
WRIT PETITION NO.4420 OF 2011
Anthony F. Foss ] ... Applicant/
Intervenor
In the matter of:
Municipal Corporatin of City of Vasai- ]
Virar. ] ... Petitioner
Vs.
The State of Maharashtra ] ... Respondent
WITH
WRIT PETITION NO.4365 OF 2010
WITH
WRIT PETITION NO.4751 OF 2015
WITH
WRIT PETITION NO.4420 OF 2011
WITH
CIVIL APPLICATION NO.2598 OF 2011
WITH
REVIEW PETITION NO.56 OF 2016
WITH
CIVIL APPLICATION NO.2820 OF 2013
WITH
INTERIM APPLICATION NO.276 OF 2020
WITH
CIVIL APPLICATION (ST) NO.8410 OF 2019
WITH
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INTERIM APPLICATION (ST) NO.5784 OF 2021
WITH
INTERIM APPLICATION (ST) NO.2880 OF 2021
WITH
REVIEW PETITION (ST) NO.6913 OF 2016
IN
WRIT PETITION NO.4420 OF 2011
WITH
WRIT PETITION NO.4417 OF 2011
WITH
CIVIL APPLICATION NO.1479 OF 2011
IN
WRIT PETITION NO.4417 OF 2011
WITH
WRIT PETITION NO.4419 OF 2011
WITH
CIVIL APPLICATION NO.1404 OF 2011
IN
WRIT PETITION NO.4419 OF 2011
WITH
WRIT PETITION NO.5065 OF 2011
WITH
WRIT PETITION NO.6201 OF 2011
WITH
WRIT PETITION NO.10824 OF 2011
WITH
WRIT PETITION NO.13155 OF 2019
...
Ms. Neeta P. Karnik i/b. Mr. Jimmy Gonsalves for the applicant
in CAW/2027/2019, IA/276/2020 and for respondent No.2 in
WP/4420/2011.
Mr. Atul Damle, senior counsel i/b. Ms. Swati Sagvekar for
petitioners in WP/4420/2011 and for respondent No.3 in
WP/4751/2015.
Mr. Sarika Shetye i/b S.B. Shetye for respondent No.3-State
Election Commission in WP/4751/2015.
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Mr. Akshay Kandarkar h/f. Mr. R. S. Datar, for the petitioners in
WP/4365/2010 and WP/4419/2011.
Mr. Nikhil Sakhardande, senior counsel a/w. Mr. Amol Bavare
i/b. Pragnya Legal, for the petitioner in WP/4417/2011.
Mr. Danish Patel, for the applicant in CAW/2598/2011.
Mr. Amogh Singh i/b. Mr. Manish Kelkar for the applicant in
IA(St.)/5784/2021.
Mr. Indrajeet R. Kulkarni for the applicant in IA(St.)/2880/2021.
Mr. Foss Antony Floriyan, for the petitioners in WP/13155/2019.
Mr. P. P. Kakade, G.P. a/w. Mr. A.I. Patel, Add. G.P. and Mr.
A.A. Alaspurkar, AGP for the State in above writ petitions.
...
CORAM : R.D. DHANUKA &
KAMAL KHATA, JJ.
DATED : 26TH SEPTEMBER, 2022. P.C.:-
1. Writ Petition No.4420 of 2011 is already admitted. Rest of the petitions are to be heard along with this petition.
2. Ms. Karnik, learned counsel for the applicant in Civil Application No.2027 of 2019 relied upon an affidavit filed by Mr. Gangatharan D., the then Municipal Commissioner of the petitioner-Corporation on 04/03/2021 thereby withdrawing the writ petition.
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3. In view of the said affidavit, we granted time to learned counsel for the petitioner-Corporation to take instructions and verify the correctness of the said affidavit alleged to have filed by the then Municipal Commissioner, seeking withdrawal of the writ petition.
4. Mr. Damle, learned senior counsel for the Municipal Corporation tenders a copy of the letter dated 26/09/2022 by the State Government to the Municipal Corporation stating that the Administrator of the Municipal Corporation can take appropriate decision. He states that based on the said letter dated 26/09/2022, the Municipal Corporation would take a decision as to whether to withdraw the writ petition filed by the Municipal Corporation or to pursue the said writ petition.
5. Place these matters on board For Direction on 11/11/2022 to enable this Court to fix a peremptory date of hearing of these matters.
6. We hope that the Municipal Corporation shall take an appropriate decision and would convey the said decision to this Court as to whether they want to withdraw the writ petition or would like to pursue it. This Court will consider whether to permit the Municipal Corporation to pursue this writ petition or dismiss it as withdrawn, on the next date.
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7. If the pleadings are not completed by the parties, the same shall be completed on or before 14/10/2022 with a copy to be served on the other side, in advance.
[KAMAL KHATA, J.] [R. D. DHANUKA, J.] AJN