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2012 Supreme(Bom) 1014

A.M.KHANWILKAR, S.S.SHINDE
Sangli Sahakari Bank Ltd. – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Petitioner:Vijay Thorat, Senior Advocate with Harinder Toor, Chacko Joseph, Subhash Bane, Advocates.
For the Respondents:R5, Vishal Ghosalkar, R2, Vijay Patil, R1 & R2, Niranjan Pandit, AGP, C.R. Sonawane, AGP, R3, Mayur Khandeparkar i/b. M/s. T.N. Tripathi & Co, R3 to R5, M.S. Karnik with Dinesh Bhosale, Advocates.

Judgment :-

A.M. Khanwilkar, J.

1. Rule in Writ Petition No. 1137/2004 and Writ Petition No. 1138/2004. Rule made returnable forthwith. Counsel for the concerned Respondents waive service.

2. By consent of Counsel for the respective parties, matter is taken up for final disposal, forthwith.

3. We propose to dispose of all the three Writ Petitions by this common judgment. For, the issues raised in these Writ Petitions are over lapping.

4. The first set of Writ Petitions (WP/1137/2004 and WP/1138/2004) filed by the Petitioner Bank is for revocation of permission granted by Pimpri Chinchwad New Town Development Authority (for short “PCNTDA”) in favour of Prakash Shivajirao Shendge (Respondent No. 4 in Writ Petition No. 1137/2004, hereinafter referred to as “Prakash Shendge”) and Vilas Dhondiram Shendge (Respondent No. 4 in Writ Petition No. 1138/2004, hereinafter referred to as “Vilas Shendge”) to develop Plot No. 12 and Plot No. 13 respectively, and to pass an order against PCNTDA to permit the Recovery Officer of the Bank to sell the said plots, as a follow up measure, pursuant to the attachment of the said plots by the Recovery Officer, in connection with Recovery Certificates iss











































































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