SHRI. SHANKAR NEWANDRAM BUDHWANI vs THE CHIEF OFFICER, VITA MUNICIPAL COUNCIL AND ORS

Judgment text excerpt

ssm 22-wp8195.2022.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8195 OF 2022 Shri. Shankar Newandram Budhwani, Age: 45 years, Occ.: Business (Power of attorney holder of Mr. Newandram Morandmal Budhwani) Age: 78 years; R/at: Yashawant Nagar Vita, Tal: Khanapur, Dist: Sangli. …..Petitioner. Vs. 1) The Chief Officer, Vita Municipal Council, At/P. Vita, Tal: Khanapur, Dist.: Sangli, 2) The District Collector, Vishrambag, Dist.: Sangli, Sangli 416415, 3) State of Maharashtra, Represented through Learned Assistant Government Pleader, Bombay High Court, Add- PWD Building, Bombay High Court Premises, Mumbai – 400 001. …..Respondents. ___________________________________________ Mr. Sandesh D. Patil a/w. Mr. Krishnakant Deshmukh i/by Ms. Divya Pawar for the Petitioner. Mr. Nandu Pawar a/w Ms. Samata Pawar i/by Mr. Nikhil Wadikar for the 1/15 ssm 22-wp8195.2022.doc Respondent No.1. Ms. Rupali Shinde, AGP for the Respondent Nos.2 and 3. ___________________________________________ CORAM : A. S. GADKARI AND KAMAL KHATA, JJ. RESERVED ON : 22nd NOVEMBER, 2024 PRONOUNCED ON : 3rd FEBRUARY, 2025. JUDGMENT (PER A.S. GADKARI, J.):- 1) Rule. Rule made returnable forthwith and with the consent of learned Advocates for the respective parties, the Petition is taken up for final hearing. 2) Petitioner has invoked jurisdiction of this Court under Article 226 of the Constitution of India, for a writ of mandamus, for direction to declare that, the Notice dated 20th January, 2020 (Exh-“B”) and revised Notice dated 6th March, 2020 (Exh-“C”) issued by the Petitioner to Respondent No.1 under Section 127 of the Maharashtra Regional Town Planning Act, 1966 (“MRTP Act”), to be legal and valid and reservation on the property of the Petitioner bearing Gat No