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2009 Supreme(Bom) 1733

SWATANTER KUMAR, D.Y.CHANDRACHUD, S.C.DHARMADHIKARI
D. R. Patil – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Petitioner:R.S. Apte, Senior Advocate with Samir Vaidya, Ms. Gulestan Dubash, Ms. Sakshi Deokar, Advocates. For the Respondents:S.R. Nargolkar, A.G.P., R4, Bhalchandra Palav i/b. M/s. Amarchand Mangaldas & S.A. Shroff & Co., R5, Nitin Thakkar, Senior Advocate i/b. C.N. Gole, R3, G.D. Utangale i/b. M/s.Utangale & Co., Advocates.

Judgment :

Oral Judgment: (Dharmadhikari, J.)

1. This petition has been placed before the Full Bench of this Court in pursuance of the order of the Division Bench dated 18th March 2009. Pursuant to the order dated 9th April 2009, the entire writ petition has been placed before us along with the applications. We had also directed notice to be issued to Learned Advocate General and learned Assistant Government Pleader (A.G.P) appearing for the State accepted notice on behalf of learned Advocate General.

2. By this petition under Article 226 of the Constitution of India, the petitioner is challenging the Government Resolution (G.R. For short) dated 15th November 2007. Although, the other relief pertain to the orders of the Slum Tribunal, passed in the year 1999-2000, the learned Senior Counsel appearing on behalf of the petitioner confined his arguments to the challenge to the G.R. Dated 15th November 2007. Thus, he sought reliefs in terms of prayer clauses (a)(i) and (b) of the petition.

3. This petition has been filed by the petitioner proclaiming himself to be the Chief Promotor of proposed Cooperative Housing Society. The First respondent to this petition is State of Maharashtra,























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