Bombay High Court
Parle Agro Pvt. Ltd. And Anr vs The State Of Maharashtra And 4 Ors on 2 May, 2022
Author: Bharati Dangre
Bench: Bharati Dangre
Digitally signed by
JAYARAJAN JAYARAJAN
ANJAKULATH ANJAKULATH NAIR
NAIR Date: 2022.05.04
10:59:43 +0530
1/3 503 WP-1130.21 (OS).odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.1130 OF 2021
Parle Agro Pvt. Ltd. & Anr. ] ... Petitioners
Vs.
The State of Maharashtra & Ors. ] ... Respondents
...
Mr. Ashish S. Kamat with Mr. Ashwin N. Bhadang with Mr.
Murtuza Federal, Ms. Saugat Pati i/b Federal & Co. for the
petitioners.
Mr. Kedar B. Dighe, A.G.P. for the respondent-State.
Mr. Sachin Hamjade, City Survey Officer, Vile Parle, is present.
...
CORAM : SMT. BHARATI DANGRE, J.
DATED : 02ND MAY, 2022.
P.C. :-
1. Not on board. On urgency being expressed, taken on
production board.
2. A praecipe is being moved by the petitioners in the wake of AJN 2/3 503 WP-1130.21 (OS).odt subsequent development, which had occurred after 01/04/2022 when the court directed the fresh measurement to be carried out by effecting notice upon all the concerned, including respondent No.3 and when the earlier order dated 03/12/2018 passed by the Collector came to be set aside and consequently setting aside the entries effected in the property card.
3. The praecipe is moved in the wake of the demand of Rs.2,94,000/- being raised with the present petitioners for carrying out the measurement. Though the learned counsel for the petitioners is not objecting to the figure and the cost to be deposited, his anxiety is, pursuant to the notice being issued to respondent No.3, if he does not put an appearance then the entire exercise of carrying out the measurement need not proceed further, as from the beginning, the submission of the petitioners is to the effect that he was a proxy entity.
4. In the wake of the apprehension, the learned A.G.P. on instructions from Mr. Sachin Hamjade, City Survey Officer, Vile Parle, who is present in the court, makes a statement that in furtherance of the order passed by this court, the measurement would be carried out and the order of this court would be considered as the basis for re-measurement. However, if respondent No.3, on being noticed, failed to participate and contest the measurement, in that case, there will be no need of the procedural rigmarole and the measurement need not go any further AJN 3/3 503 WP-1130.21 (OS).odt and in that contingency, the amount of costs shall be refunded to the petitioners.
5. In the wake of the above, no further clarification is necessary.
[SMT. BHARATI DANGRE, J.] AJN