R. D. DHANUKA, M. M. SATHAYE
Salim Naim Khan – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
R.D. Dhanuka, J.
1. Rule. Dr.Sathe, learned Senior Counsel waives service for Respondent No.4 in both Petitions. Ms. Sagvekar waives service for Respondent No.5 in both Petitions. Mr. Patel waives service for the State. By consent of the parties, Rule made returnable forthwith and heard finally.
FACTS, SUBMISSIONS, REASONS AND CONCLUSIONS IN WRIT PETITION No. 4858 OF 2016
2. The Petitioners in Writ Petition No. 4858 have prayed for a writ of certiorari, order and/or direction for quashing and setting aside the impugned Award dated 18th February, 2016 passed by the learned Competent Authority in respect of Survey No. 84 Part (area admeasuring 723.75 sq.mtrs.), Survey No. 85 Part (area admeasuring 8850 sq.mtrs.) and Survey No. 93 (area admeasuring 540 sq.mtrs.).
3. Civil Application No.1545 of 2019 is filed by the Applicants claiming to be trustees, inter alia, praying for intervention in this Writ Petition on the ground that the erstwhile owners had transferred the writ property in the name of the intervenors’ trust and thus, any order, if passed in favour of the Petitioners would prejudice the rights of the Applicants.
4. The Petitioners have also prayed for quashing and setti
Amarnath Ashram Trust Society and Anr. Vs. Governor of U.P. & Ors. (1998) 1 SCC 591
Bajirao T. Kote (Dead) By LRS. And Anr. Vs. State of Maharashtra And Ors. [(1995) 2 SCC 442]
Girnar Trader (3) Vs. State of Maharashtra And Ors. [(2011) 3 SCC 1]
Northern Indian Glass Industries Vs. Jaswant Singh And Others [(2003) 1 SCC 335]
State of Gujarat vs. Bhogilal Keshavlal & Anr. 1980(1) SCC 308
Valjibhai Muljibhai Someji and Others Vs. State of Bombay and Others AIR 1963 SC 1890
Vajibhai Sonji & Anr Vs. State of Bombay & Ors. (1964(3) SCR 686)
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