DATTATRAY LAXMAN DESAI vs DEPUTY COLLECTOR AND COMPETENT AUTHORITY AND ANR.

Judgment text excerpt

CH-WP-5692-2008-(C).odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5692 OF 2008 Dattatray Laxman Desai, Adult, Occupation : Business, residing at Digitally signed SUNNY by SUNNY ANKUSHRAO ANKUSHRAO THOTE THOTE Date: Kolhapur, through his Constituted 2025.07.08 10:15:38 +0530 Attorney Raju Mohan Majnalkar, adult, Occupation : Business, residing at 2068 ‘A’ Ward, Dhotri Galli, Rankalves, Kolhapur 416 002. ...Petitioner Versus 1. Deputy Collector And Competent Authority, Kolhapur Urban Agglomeration, Kolhapur. 2. The State of Maharashtra Through the Secretary, Urban Development Department, Mantralaya, Mumbai 400 032. ...Respondents Mr. Rajesh S. Datar, Advocate for the Petitioner. Dr. Birendra Saraf, Advocate General a/w Ms. Neha Bhide, G.P., Ms. N.M. Mehra, AGP, Mr. Jay Shanklecha, ‘B’ Panel Counsel for the Respondent/State. CORAM : RAVINDRA V. GHUGE, SANDEEP V. MARNE & M.M. SATHAYE, JJ. RESERVED ON : 30th JUNE, 2025 PRONOUNCED ON : 08th JULY, 2025 SUNNY THOTE 1 of 19 CH-WP-5692-2008-(C).odt JUDGMENT (PER : RAVINDRA V. GHUGE, J.) 1. By an order dated 11th June, 2009 (herein after referred to as the Reference Order), the Division Bench of this Court issued Rule in this Writ Petition and, by the said speaking order, recorded that it was unable to agree with the view taken by a Co-ordinate Division Bench of this Court, in the order dated 27 th January, 2009 passed in Mandke Construction Company & Ors. V/s. The State of Maharashtra & Ors., (Civil Writ Petition No.5052 of 2008). 2. Having disagreed with the view taken by the Court in Mandke Construction Company (Supra), the Division Bench of this Court formulated the following questions with a request to the Hon’ble the Chief Justice to refer the following 3 questions to the Full B