SHRI. VIJAY DEVIPRASAD TIWARI THRU CA SHRI. SHASHIKANT TIWARI vs STATE OF MAHARASHTRA THROUGH PRIN. SECRETARY, AND ORS

Judgment text excerpt

Osk J-WP-2430-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 2430 OF 2023 Shri Vijay Deviprasad Tiwari ] Age : 54 yrs., ] Through Constituted Power of Attorney ] Shri Shashikant Tiwari ] R/o. At & Post : Manda (East) ] Taluka Kalyan, Dist. Thane. ] … Petitioner V/s. 1. State of Maharashtra ] Through its Principal Secretary, ] Mantralaya, Mumbai – 400043. ] 2. Municipal Corporation, ] Municipal Corporation for the City of ] Kalyan & Dombivli, Having office ] Shankarrao Chowk, Kalyan (W.), ] Dist. Thane. ] 3. Assistant Director of Town Planning, ] Municipal Corporation for the City of ] Kalyan & Dombivli, Having office ] Shankarrao Chowk, Kalyan (W.), ] Dist. Thane. ] ...Respondents _______________________________________ Mr. I. M. Khairdi for Petitioner. Ms. M.P. Thakur, A.G.P. for Respondent No.1-State. Mr. Rohan Gaikwad i/b. Mr. Sandeep D. Shinde for Respondent Nos.2 & 3. _______________________________________ 1/11 Osk J-WP-2430-2023.doc CORAM : A. S. GADKARI AND KAMAL KHATA, JJ. RESERVED ON : 4th February 2025. PRONOUNCED ON : 29th April 2025. JUDGMENT ( Per : A. S. GADKARI, J.) :- 1) Rule. Rule made returnable forthwith and with the consent of learned Advocates for the parties heard finally. 2) By this Petition under Article 226 of the Constitution of India, the Petitioner has prayed for a writ of certiorari or any other appropriate writ, Order or direction for quashing and setting aside the impugned communication dated 8th December 2022 issued by the Respondent No. 3, thereby returning the proposal of the Petitioner for development of his land and further directing him to submit a separate proposal under Chapter 11.1 of U.D.C.P.R. i.e. for ‘Accommodation Reservation’. The Petitioner has also prayed for writ o