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2022 Supreme(Bom) 1565

R. D. DHANUKA, KAMAL KHATA
Sunil Mallikarjun Patil – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: A.V. Anturkar, Shubham H. Misar.
For the Respondents: Ashwini A. Purav, Abhay Patki.

JUDGMENT :

R.D. DHANUKA, J.

1. Rule. Learned A.G.P. waives service for respondent nos. 1 to 3. Learned counsel waives service for the respondent no. 4. Rule is made returnable forthwith.

2. By this petition filed under Article 226 of the Constitution of India, the petitioner has prayed for a declaration that the reservation in respect of the property viz. Reservation No. 12/33 (Mela Ground) of the petitioner has lapsed under the provisions of section 127 of the Maharashtra Regional And Town Planning Act, 1966 (for short the said MRTP Act). The petitioner has also prayed for a writ of certiorari for quashing and setting aside the letter dated 23rd February, 2018 addressed by the Joint In Charge Assistant, Joint Director of Town Planning Solapur, Municipal Corporation Solapur, letter dated 30th July, 2020 addressed by the Joint Director of Town Planning, Pune Region, Pune to the Director of Town Planning and letter dated 9th September, 2020 addressed to the petitioner by Assistant Director of Town Planning, Solapur Municipal Corporation, Solapur. Some of the relevant facts for the purpose of deciding this petition are as under.

3. The petitioner is the owner of the land bearing survey no

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