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Bombay High Court

Samrat Ramesh Shah vs Baramati Municipal Council Through ... on 18 October, 2022

Author: Madhav J. Jamdar

Bench: Dipankar Datta, Madhav J. Jamdar

                                                         26-aswp-5166-2021


Sonali

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            CIVIL APPELLATE JURISDICTION

           WRIT PETITION NO. 5166 OF 2021
                       WITH
     INTERIM APPLICATION (ST) NO. 23835 OF 2022

Samrat Ramesh Shah                         ...Petitioner
         V/s.
Baramati Municipal Council
through Chief Officer                      ...Respondent



Mr. Shriram S. Kulkarni for petitioner.
Mr. B. V. Samant, AGP for respondent-State.
Mr. S. R. Nargolkar for Baramati Municipal Council.

                         CORAM: DIPANKAR DATTA, CJ. &
                                MADHAV J. JAMDAR, J.

                         DATE:         OCTOBER 18, 2022

P.C.:

1. This writ petition was instituted by the petitioner seeking a direction on the Municipal Council to consider his application for revised permission.

2. It is not in dispute that during the pendency of the writ petition, such application has been considered and decided against the petitioner.

3. In such view of the matter, nothing survives for decision on the writ petition. The same stands disposed of, with liberty to the petitioner to challenge the order of rejection in accordance with law, if so advised.

4. All contentions are left open.

26-aswp-5166-2021

5. No costs.

6. In view of the aforesaid order, the interim application does not survive and stands disposed of accordingly.

7. It is made clear that unless the petitioner obtains a favourable order from this Court granting permission to raise further construction, he shall not proceed with any further construction work.

Digitally signed by (MADHAV J. JAMDAR, J.) (CHIEF JUSTICE) SONALI SONALI MILIND MILIND PATIL PATIL Date:

2022.10.19 09:24:51 +0530 2