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2023 Supreme(Bom) 308

R. D. DHANUKA, M. M. SATHAYE
Salim Naim Khan – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
Mr.R.S. Apte, Senior Advocate with Mr Datta Mane, Ms. Neeta Karnik with Ms.Rushali Kshirsagar, Mr.Vishal Kanade i/b Ms.Rushita Jain, Dr.Milind Sathe, Senior Advocate with Mr. Arun Mehta a/w Mr.Girin Pandit, Mr.Aniket Srivastav and Ms.Sanika Mehta i/b Akshar Laws, Ms. Swati H. Sagvekar, Mr. A. I. Patel, Addl. G.P. a/w Mr. P. V. Nelsan Rajan, adv

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

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