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2023 Supreme(Bom) 324

G. S. PATEL, NEELA GOKHALE
Salim Alimahomed Porbanderwalla, an adult, Indian Inhabitant – Appellant
Versus
State of Maharashtra, through its Chief Secretary – Respondent


Advocates Appeared:
For the Petitioners: Mr Pravin Samdani with Amogh Singh, Nivit Srivastava & Sneha Patil, i/b Maniar Srivastava Associates.
For the Respondent: Mr Himanshu Takke.
Present In Person : Mr. Vipin Somwanshi.

JUDGMENT :

(G.S. Patel, J.) :

1. Rule. Rule returnable forthwith.

2. Prayer clauses (a) and (b) of the Petition at pages 24 and 25 read:

    “(a) That this Hon’ble Court be pleased to issue a writ of Mandamus or a writ in the nature of Mandamus or any other appropriate writ, order or direction directing the Respondents to implement the Government Resolutions dated 1st August 2019 read with 23rd June 2021 and raise the appropriate demand in respect of the surplus vacant land of the said property and implement the policy decision as contained in the said Government Resolutions dated 1st August 2019 read with 23rd June 2021 and upon payment of such demand relieve the Petitioners of all the terms and conditions of exemption order dated 15th May 2008, i.e., Exhibit “B”;

(b) That this Hon’ble Court be pleased to issue a writ of Certiorari or a writ in the nature of Certiorari or any other appropriate writ, order or direction calling upon record and proceedings in respect of Letter dated 22nd April 2022 (Exhibit “L” to the Petition) issued by Respondent No.1 and after going through the same, be pleased to quash and set aside the same.”

3. But these will require some moulding for the reasons that

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