A.S.OKA, A.S.GADKARI
Gangadhar Sadashiv Jagtap – Appellant
Versus
Nashik Municipal Corporation – Respondent
A.S. Gadkari, J.
1. Rule. Rule made returnable forthwith. The Respondents waive service of notice. By consent of the learned counsel appearing for the Parties and at their request, the present Petition is taken up for final hearing. By the present Petition filed under Article 226 of the Constitution of India, the Petitioners are seeking a Writ of Mandamus or any other appropriate writ, order or direction in the nature of Writ of Mandamus against the Respondents for a direction that the reservation in respect of the portion of land admeasuring 1507 sq. meters in Survey No. 31/3B/1+2/7 situated at Mauje-Devlali, Nashik is deemed to have lapsed and the Petitioners are entitled to develop the said property as otherwise permissible in the case of adjacent land under the relevant plan.
2. The facts which can be discerned from the pleadings in the Petition can be briefly stated as under:
(i) The Petitioner Nos. 1 to 9 are the owners and are fully entitled to seize and possess the land bearing Survey No. 31/3B/1+2/7 situated at Nashik Road, Nashik admeasuring in all about 1532.06 sq. meters (hereinafter referred to as "the said land"). The Petitioner No. 10 is a partnership firm dul
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