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2021 Supreme(Bom) 1650

S.J.KATHAWALLA, MILIND N.JADHAV
Sakharam Mahadev Jadhav (since deceased) his Legal Heirs Kailash Sakharam Jadhav – Appellant
Versus
State Of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner: Tanaji Mhatugade.
For the Respondents: D. P. Adsule, Akshay Shinde, A.A. Kumbhakoni, P. P. Kakade, P. G. Sawant.

JUDGMENT :

S.J. Kathawalla, Milind N. Jadhav, JJ. –

1. The Petitioner – Sakharam Mahadev Jadhav is the owner of lands bearing Survey No. 69/1 and 69/2/1 situated at Village : Belavali, Taluka : Ambarnath, District : Thane, which is presently located within the jurisdiction of Kulgaon-Badlapur Municipal Council, i.e. Respondent No. 4 (‘the said Lands’).

2. The Petitioner has filed the above Writ Petition inter-alia seeking the following reliefs :

    “(a) That this Honourable Court be pleased to issue a writ mandamus or writ in the nature of mandamus or any other appropriate writ, direction and order under Article 226 or the Constitution of India, 1950, directing the Respondent No. 1 and 2 to issue notification of Lapsation by declaring that the Reservation No. 5 “Public Offices and Staff Quarters” and Reservation No. 6 “Truck Terminal” stands lapsed in respect of Petitioners land bearing Survey No. 69/1 and 69/2/1, situated at village Belavali, Tal – Ambarnath, Dist – Thane.

(b) That during the pendency of present Writ Petition this Honourable Court be please to direct the Respondent No. 4 and 5 to issue the building permission to the Petitioner in respect of the Petitioners land beari

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