SOPAN TRAMBAK WANI vs DIRECTOR OF TOWN PLANNING MAHARASHTRA STATE AND ORS

Judgment text excerpt

Osk J-WP-1479-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 1479 OF 2023 Sopan Trambak Wani ] Age 83 years, Occ. Trader, ] Residing at Near Geetanjali Housing Society, ] Behind State Bank of India, ] Malegaon, District Nashik. ] … Petitioner V/s. 1. Director of Town Planning, ] Maharashtra State, Central Bldg., Pune ] 2. Dy. Director of Town Planning, ] Nashik Division, Commissioner off. ] Compound, Nasik Road, Nashik. ] 3. Asstt. Director of Town Planning, ] Old Corporation Building, Pundi Colony, ] Nashik. ] 4. District Collector, Nashik, ] Office of the Dist. Collector, Nashik. ] 5. State of Maharashtra through Principal ] Secretary, Urban Development Department, ] Mantralaya, Mumbai 400 032. ] 6. Malegaon Municipal Corporation ] through Municipal Commissioner, ] Malegaon, Dist. Nashik. ] ...Respondents 1/13 Osk J-WP-1479-2023.doc _______________________________________ Mr. Ashutosh Gavnekar a/w. Mr. Rohit Parab i/b. Mr. C.G. Gavnekar for Petitioner. Smt. M.P. Thakur, A.G.P. for Respondent Nos.1 to 5-State. Mr. G.H. Keluskar for Respondent No.6. _______________________________________ CORAM : A. S. GADKARI AND KAMAL KHATA, JJ. RESERVED ON : 19th December 2024. PRONOUNCED ON : 21st January 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) By this Petition under Article 226 of the Constitution of India, the Petitioner has prayed for writ of mandamus for direction to declare that, the land owned by him bearing Survey No.228/1+2/2, (Final Plot No.91), admeasuring 0.30 Ares (300 sq.mtrs.), situated within the municipal limits of Respondent No.6, stands lapsed and th