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2022 Supreme(Bom) 1539

PRASANNA B. VARALE, KISHORE C. SANT
Surendra Shamsundar Jeware – Appellant
Versus
State of Maharashtra, Through its Principal Secretary, Urban Development Department, Mantralaya – Respondent


Advocates Appeared:
For the Petitioner: Mr. S.B. Talekar, with Ms. Madhavi Ayyappan, i/by Talekar and Associates.
For the Respondent:Mr. R.A. Thorat, Senior Advocate, with Mr. P.P. Kakade, Govt. Pleader and Mr. R.A. Salunkhe, AGP, Mr. S.R. Nargolkar, with Mr. Arjun Kadam, Mr. Abhijit Kulkarni.

JUDGMENT :

Kishore C. Sant, J.

1. Rule. Rule made returnable forthwith, by consent of learned counsel for the respective parties.

2. This petition was initially filed as a Public Interest Litigation bearing PIL No.86 of 2021. Upon objection raised by learned counsel for respondent nos.1 to 5 and 6 that the petitioner has personal interest in allotment of the writ lands in his favour and pursuant to request made by learned counsel for the petitioner, this court (Hon’ble the Chief Justice & M.S. Karnik J.) vide order dated 20th December 2021 was pleased to allow conversion of Public Interest Litigation into a Writ Petition. PIL No.86 of 2021 is thus treated as Writ Petition bearing No.9498 of 2021.

3. The petitioner by way of this petition seeks relief of quashing Resolution No.18 dated 28th May 2021 passed by respondent no.6-Municipal Council, Baramati (“the Council”), whereby the Council has resolved to allot the writ lands admeasuring 3,408 sq.mtrs. in favour of respondent no.7-Natraj Natya Kala Mandal (“the Trust”). The petitioner further prayed for quashing of Resolution No.5 dated 12th July 2021 passed by respondent no.6-Council, whereby the Council has resolved to move an applicat

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