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2016 Supreme(Bom) 410

B.P.DHARMADHIKARI, P.N.DESHMUKH
Nisar Sons – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
Mr. C.S. Kaptan, Senior Advocate with Mr. A.P. Kalmegh Adv. For the petitioners
Mrs. Bharti Dangre, Government Pleader with Mrs. A.R. Taywade, AGP for respondent nos.1 to 3
Mr. M.G. Bhangde, Senior Advocate with Mr. R.M. Bhangde, Adv. for respondent no.4
Mr. A.S. Mehadia, Advocate for the respondent no.5

JUDGMENT :

B.P. Dharmadhikari, J.

1. By this petition, filed under Article 226 of the Constitution of India, five petitioners seek quashing of reauction notice dated 21st of January, 2016 and an order dated 27th of January, 2016 cancelling allotment of sand ghats in their favour. This Court has, on 3rd of February, 2016, issued notice in the matter and while permitting reauction by respondents, directed that no allotment be done in favour of successful bidder without permission of the Court. This interim order continues to operate even today.

2. Intervenor-respondent no.4 Pradip Dhengre and Intervenor-respondent no.5 Vardharaja Pilley claim that in consequential reauction, they are the highest bidders entitled to allotment of sand ghats at Waki-A and Juni Kamptee-A.

3. This Court has accordingly permitted them to be impleaded as intervenors.

4. Looking to the nature of controversy and as requested by parties, we have heard learned Senior Advocate Shri C.S. Kaptan with Advocate Shri A.P. Kalmegh for petitioners, learned Government Pleader Smt. Dangre with learned Assistant Government Pleader for respondent nos. 1 to 3, learned Senior Advocate Shri M.G. Bhangde with Advocate Shri R.M. Bha







































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