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Order - Status 5: Dusane 1/1 wp7053.2016 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7053 OF 2016 M/s A.V. Bhat Housing Company .... Petitioner Vs. Sarita Nagari PhaseII Coop. Housing .... Respondent Society Ltd. & Ors. Mr. P.S. Dani, Senior Counsel i/by Mr. Prasad B. Kulkarni, for the Petitioner. Mr. S.D. Rayrikar, AGP for Respondents no. 5 and 6. Coram : Smt. R.P. SondurBaldota, J. Date : 29th June, 2016 P.C. 1 Issue notice to the respondents returnable on 25th July, 2016. Adinterim relief in terms of prayer clause (b), till the returnable date. S.O. to 25th July, 2016. (Smt. R.P. SondurBaldota, J)
Order - Status 7: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7053 OF 2016 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's orders Registrar's orders None present. CORAM : R. M. JOSHI REGISTRAR (JUDLI) Date : 25 JULY 2016 Await service to Respondent Nos. 1 to 4 for five weeks i.e. 30.08.2016. REGISTRAR (JUDLI) RJ I gpj / 25.07.2016
Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7053 OF 2016 M/s. A.V. Bhat Housing Company …..Petitioner V/s. Sarita Nagari Phase-II Co-operative Housing Society Ltd., and Ors. …..Respondents * * * * * * Mr. Prasad B. Kulkarni, Advocate for the petitioner. CORAM :- SMT. R.P. SONDURBALDOTA, J. DATED :- 25TH JULY, 2016. P.C. :- 1). Mentioned. Not on board. The papers are produced at the instance of the petitioner for extension of the ad-interim reliefs which expire today. The ad-interim order is extended by 4 weeks from today i.e. till 22nd August, 2016. (SMT. R.P. SONDURBALDOTA, J)
Order - Status 11: 16-wp-7053-2016 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7053 OF 2016 M/s.A.V. Bhat Housing Company Through Partner Sameer S. Belvalkar ...Petitioner V/s. Sarita Nagari PhaseII, Cooperative Housing Society Ltd. & Anr. ...Respondents Mr.Prasad B. Kulkarni for the Petitioner. Mr.Mihir Raut i/by Mr.Nitin Deshpande for Respondent No.1. Mr.S.D. Rayrikar, AGP for Respondent Nos.5 & 6. CORAM : K.K. TATED, J. DATE : 14th OCTOBER, 2016. P.C. Heard the learned counsel for the parties. Advocate appearing for the petitioner submits that Respondent Nos.1 to 4 have filed their affidavitinreply. Hence, service is completed. Office is directed to verify the same and if service is completed for all the respondents, matter to appear on board under the caption of "Admission' on 17th November 2016. Adinterim granted by this Court on 29th June 2016 to continue till the next date. (K.K. TATED, J.)
Order - Status 13: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 7053 OF 2016 M/s. A.v. Bhat Housing Company Through Partner Sameer S. Belvalkar ....Petitioner V/S Sarita Nagari Phase - Ii, Co-operative Housing Society Ltd. And Ors. ....Respondent Mr. Prasad B Kulkarni, for Petitioner. Mr. Mihir Raut, i/b. Mr. N.P. Deshpande, for R.Nos.1 & 2. Mr. S.D.Rayrikar, AGP, for R.Nos. 5 & 6. CORAM : R.M. SAVANT., J DATE : 17th November, 2016 P.C. : S.O. to 1st December 2016. Ad-interim relief granted earlier to continue until then. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 15: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7053 OF 2016 M/s. A V Bhat Housing Compnay Through Partner Sameer S Belvalkar : Petitioner. versus Sarita Nagari Phase – II Cooperative Housing Society Ltd. & ors. : Respondents. Mr. P B Kulkarni for the Petitioner. Mr. S D Rayrikar AGP for the Respondent Nos.5 and 6. CORAM : R. M. SAVANT, J. DATE : 01st December 2016 P.C. 1 Not on board. Mentioned for continuation of adinterim reliefs. 2 The above Petition was to be listed before this Court today however, the same is wrongly listed before another Court i.e. the Court of K.K.Tated, J. An application is therefore made for continuation of adinterim reliefs. The adinterim relief would accordingly continue up to 20/12/2016. List the above Petition for admission on 19/12/2016. [R.M.SAVANT, J]
Order - Status 16: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7053 OF 2016 M/s. A V Bhat Housing Compnay Through Partner Sameer S Belvalkar : Petitioner. versus Sarita Nagari Phase – II Cooperative Housing Society Ltd. & ors. : Respondents. Mr. P B Kulkarni for the Petitioner. Mr. S D Rayrikar AGP for the Respondent Nos.5 and 6. CORAM : R. M. SAVANT, J. DATE : 01st December 2016 P.C. 1 Not on board. Mentioned for continuation of adinterim reliefs. 2 The above Petition was to be listed before this Court today however, the same is wrongly listed before another Court i.e. the Court of K.K.Tated, J. An application is therefore made for continuation of adinterim reliefs. The adinterim relief would accordingly continue up to 20/12/2016. List the above Petition for admission on 19/12/2016. [R.M.SAVANT, J]
Order - Status 18: wp705316(production) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7053 OF 2016 M/s A. V. Bhat Housing Company through partner Sameer Belvalkar ..Petitioner Vs. Sarita Nagari Phase – II, Coop Hsg Sty & Ors ..Respondents Mr. Ganesh Bhujbal i/b Mr. P. B. Kulkarni for the Petitioner Mr. N. P. Deshpande for the Respondent No.1 Mr. S. D. Rayrikar AGP for the Respondent Nos.5 and 6 CORAM : R. M. SAVANT, J. DATE : 20th DECEMBER, 2016 P.C. 1 Not on board. Mentioned for continuation of the adinterim relief. 2 The above Petition was to be listed yesterday i.e. 19122016 but has not been so listed. Adinterim relief is continued up to 2412017. List the Petition for admission on 2312017. [R.M.SAVANT, J]
Order - Status 20: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7053 OF 2016 M/s. A. V. Bhat Housing Company Presently M/s. Belvalkar Housing Company, Registered Partnership Firm Having office at 1175/1, Nirmiti Eminence, Erandwane, Pune4 Through partner, Sameer Sharatchandra Belvalkar ..Petitioner Versus Sarita Nagari PhaseII, Cooperative Housing Society Ltd., Survey No.110/1, Parvati, Pune411 009, Through its Chairman, S. M. Oak and others ..Respondents Mr. P. B. Kulkarni for the Petitioner. Mr. Mihir Raut i/by Mr. N. P. Deshpande for the Respondent No.1. Mr. S. D. Rayrikar, AGP for the Respondent Nos.5 & 6. CORAM : R. M. SAVANT, J. DATE : 23rd JANUARY, 2017 P.C. 1 Not on board. Mentioned for continuation of the adinterim relief. 2 The above Petition was to be listed today, but has not been so listed. The adinterim relief is continued upto 14.02.2017. List the Petition for admission on 13.02.2017. [R.M.SAVANT, J]
Order - Status 22: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7053 OF 2016 M/s. A. V. Bhat Housing Company Presently M/s. Belvalkar Housing Company, Registered Partnership Firm Having office at 1175/1, Nirmiti Eminence, Erandwane, Pune4 Through partner, Sameer Sharatchandra Belvalkar ..Petitioner Versus Sarita Nagari PhaseII, Cooperative Housing Society Ltd., Survey No.110/1, Parvati, Pune411 009, Through its Chairman, S. M. Oak and others ..Respondents Mr. P. B. Kulkarni for the Petitioner. Mr. N. P. Deshpande for the Respondent No.1. Mr. S. D. Rayrikar, AGP for the Respondent Nos.5 & 6. CORAM : R. M. SAVANT, J. DATE : 14th FEBRUARY, 2017 P.C. 1 Not on board. Mentioned for continuation of the adinterim relief. 2 The above Petition was to be listed yesterday, but has not been so listed. The adinterim relief is therefore continued upto 02.03.2017. List the Petition for admission on 01.03.2017. [R.M.SAVANT, J]
Order - Status 24: wp705316(production) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7053 OF 2016 M/s. A. V. Bhat Housing Company through partner Sameer Belvalkar ..Petitioner Vs. Sarita Nagari Phase – II, Cooperative Housing Society Ltd & Ors ..Respondents Mr. P. B. Kulkarni for the Petitioner Mr. N. P. Deshpande for the Respondent No.1 Mr. S. D. Rayrikar AGP for the Respondent Nos.5 & 6 CORAM : R. M. SAVANT, J. DATE : 2 nd MARCH, 2017 P.C. 1 Not on board. Mentioned for continuation of the adinterim relief. 2 The above Petition was to be listed for admission on 132017 but was not been so listed. Hence list the Petition for admission on 2232017. Adinterim relief is to operate till today. Hence adinterim relief to continue up to 2332017. [R.M.SAVANT, J]
Order - Status 26: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 7053 OF 2016 M/s. A.v. Bhat Housing Company Through Partner Sameer S. Belvalkar ....Petitioner V/S Sarita Nagari Phase - Ii, Co-operative Housing Society Ltd. And Ors. ....Respondent CORAM : R.M. SAVANT., J DATE : 22nd March, 2017 P.C. : Due to paucity of time the matter is adjourned to 15/06/2017.Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 28: FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7053 OF 2016 Office Notes, Office Court's or Judge's orders Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Mr.Raghuvendra B. Kulkarni i/b Mr.P.B.Kulkarni for the Petitioner Mrs.Vaishali Nimbalkar, A.G.P. for the respondent nos.5 and 6 CORAM : K. K. TATED, J. DATE : JUNE 16, 2017 P.C.: 1 Not on board. At the request of Advocate for the petitioner, matter is taken on board for continuation of adinterim relief granted on 29.6.2016. 2 Heard the learned counsel for the parties. 3 Advocate for the petitioner submits that as per order dated 22.3.2017, matter was to be listed on board on 15.6.2017 but same was not shown on board. Hence, he has mentioned this matter. 4 Considering these facts, office is directed to place the matter on board on 1.8.2017. 5 Till that time, adinterim relief granted on 29.6.2016 to continue. (K.K.TATED, J.)
Order - Status 30: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPEALLATE JURISDICTION WRIT PETITION NO. 7053 OF 2016 M/s. A. V. Bhat Housing Company ..Vs.. Sarita Nagari PhaseII Cooperative Housing Society Ltd. & Ors. Office Notes, Office Memorandam of appearances, Court's orders or directions & Court's or Judge's orders Registrar's orders. Mr. Prasad B. Kulkarni for Petitioner. Mr. N. P. Deshpande for Respondent No.1. Mrs. V. S. Nimbalkar, AGP for Respondent Nos.5 and 6. CORAM : K. K. TATED, J. DATE : AUGUST 01, 2017. P.C. : . The learned Counsel Mr. Kulkarni for Petitioner submit that his arguing Counsel is not available today. Hence, he require some time. On his request, office is directed to place the matter on board on 16th August, 2017. Adinterim order to continue till next date. (K.K.TATED, J.)
Order - Status 32: 1 /1wp-7053-16-501 Nalawade IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7053 OF 2016 M/s. A.V. Bhat Housing Company. ..Petitioner. vs. Sarita Nagari Phase II Co-op. Housing Society Ltd. and ors. ..Respondents. Mr. P.B.Kulkarni for the Petitioner. Mr. Nitin Deshpande for Respondent No.1. Mr.S.D.Rayrikar for Respondent Nos. 5 and 6. CORAM: A.S.GADKARI, J. DATE : 16th August, 2017 P.C. S.O. to 12.9.2017. Ad-interim relief to continue till the next date. (A.S.GADKARI, J.)
Order - Status 34: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No. 7053 OF 2016 M/s. A. V. Bhat Housing Company … Petitioner Vs. Sarita Nagari Phase-II, Co-Op. Housing Society Ltd. & Ors. … Respondents *** Mr. P. S. Dani, Sr. Counsel i/b P. B. Kulkarni, for the Petitioner. Mr. S. D. Rayarikar, AGP for Respondent Nos. 5 and 6. *** CORAM : M. S. SONAK, J. DATE : SEPTEMBER 13, 2017 PC : Not on board. In view of urgency, matter is listed today on the production board. Since the learned counsel for Respondent No. 1 is not present, place the matter for further consideration on 11.10.2017. An ad-interim order, which is already in force, to continue till next date. However, Respondent No. 1 is at liberty to file reply to the petition inter alia indicating the position of registration of Respondent No. 1 Society. Sd/- [M. S. SONAK, J.]
Order - Status 36: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7053 OF 2016 M/s. A. V. Bhat Housing Company .. Petitioner. v/s. Sarita Nagari PhaseII, Cooperative Housing Society Ltd., & Others .. Respondents. Mr. Prasad B. Kulkarni, for the Petitioner. Ms. Chaitali Kale i/b. N. P. Deshpande, for Respondent No.1. Mr. S.D. Rayrikar, AGP, for Respondent Nos.5 & 6. CORAM: M.S.SANKLECHA, J. DATE : 11th OCTOBER, 2017. P.C: Moved for urgent reliefs. By an order dated 13th September, 2017, this Petition was adjourned to today and adinterim relief granted earlier, was continued till today. However, Petition is not listed on board, today. 2 In the above view, adinterim relief granted earlier to continue till the CMIS date i.e. 11th December, 2017 when the Petition will be considered for admission. Stand over to 11th December, 2017. (M.S.SANKLECHA,J.)
Order - Status 38: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7053 OF 2016 1/1 M/s.A.V.Bhat Housing Company, presently M/s.Belvalkar Housing Company ….. Petitioner VERSUS Sarita Nagari Phase – II, Co-operative Housing Society Ltd. & Ors. ..… Respondents Mr.Prasad B.Kulkarni for the Petitioner. Mr.S.D.Rayrikar, A.G.P. for the State, Respondent no. 5 and 6. CORAM : R.D.DHANUKA, J. DATE : 11th DECEMBER, 2017 P.C . The papers are produced at 03.00 p.m. in view of the extreme urgency. Place the matter on board for admission on 8 th January,2018 . Ad-interim relief granted by this Court earlier to continue till 11th January,2018. The petitioner is directed to convey this order to the contesting respondents. (R.D.DHANUKA, J.)
Order - Status 40: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7053 OF 2016 M/s.A.V. Bhat Housing Company, presently M/s.Belvalkar Housing Company .. Petitioner Vs. Sarita Nagari Phase-II, Co-operative Housing Society Ltd. & Ors. .. Respondents --- Mr.Prasad B. Kulkarni for the petitioner. Mr.Mihir Raut i/by Mr.Nitin P.Deshpande for the respondents. --- CORAM : R.D. DHANUKA, J. DATE : 12th January 2018 P.C.: . Matter is mentioned not on board. Place the writ petition on board for 'Admission' on 26th February 2018. Ad-interim protection granted by this Court to continue till next date. R.D. DHANUKA, J.
Order - Status 42: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7053 OF 2016 M/s.A.V. Bhat Housing Co. ...Petitioner V/s. Sarita Nagari Phase-II Co-op.Hsg.Soc.Ltd. & Ors. ...Respondents Mr.Prasad B. Kulkarni for the Petitioner. Mr.Nitin P. Deshpande for the Respondent No.1. Mr.A.R. Matkari, A.G.P. for the State - Respondent Nos.5 and 6. CORAM : R.D. DHANUKA, J. DATE : 26TH FEBRUARY, 2018. P.C. :- Stand over to 12th March, 2018. Ad-interim order to continue till next date. (R.D. DHANUKA, J.)
Order - Status 44: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 7053 OF 2016 M/s. A.v. Bhat Housing Company Through Partner Sameer S. Belvalkar ....Petitioner V/S Sarita Nagari Phase - Ii, Co-operative Housing Society Ltd. And Ors. ....Respondent CORAM : R.D. DHANUKA, J DATE : 12th March, 2018 P.C. : Due to paucity of time Stand Over to 26/03/2018. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 46: mujahed IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7053 OF 2016 M/s. A.V. Bhat Housing Company ...Petitioner V/s. Sarita Nagari Phase-II Co-operative Housing Society Ltd & Ors ...Respondents Mr. Prasad B. Kulkarni for Petitioner. Mr. S.D. Rayrikar, AGP for State/Respondent Nos. 5 & 6. CORAM : R.D. DHANUKA, J. DATE : 27TH MARCH, 2018. P.C. :- Papers are allowed to be produced at 03.00 p.m. Place the writ petition on board for admission on 16th April, Ad-interim relief granted by this Court to continue till next date. (R.D. DHANUKA, J.)
Order - Status 48: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 7053 OF 2016 M/s. A.v. Bhat Housing Company Through Partner Sameer S. Belvalkar ....Petitioner V/S Sarita Nagari Phase - Ii, Co-operative Housing Society Ltd. And Ors. ....Respondent CORAM : R.D. DHANUKA, J DATE : 16th April, 2018 P.C. : Due to paucity of time Stand Over to 26/06/2018. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 50: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7053 OF 2016 M/s.A.V. Bhat Housing Company .. Petitioner Vs. Sarita Nagari Phase-II Co-operative Housing Society Ltd. & Ors. .. Respondents --- Mr.P.D. Kulkarni for the petitioner. Mr.Mihir Raut i/by Mr.Nitin Deshpande for the respondent no.1. Mr.S.D.Rayrikar, AGP for the respondent nos.5 & 6. CORAM : R.D. DHANUKA, J. DATE : 26th June 2018 P.C.: . Learned counsel for the petitioner states that the matter arising out of de-registration of the respondent no.1-Society is pending before the Supreme Court. Supreme Court has granted stay of the impugned order passed by this Court and has directed the parties to maintain status-quo as it exists on the date of the said order. He submits that the said proceedings will have some bearing on the subject matter of this petition. Statement is accepted. This petition is adjourned sine die with liberty to both the parties to apply for early hearing upon disposal of the said proceedings. Ad-interim relief granted by this Court to continue till next date. R.D. DHANUKA, J.
1) Document Filed: Report
Filed By : Mukund S Shidore
Advocate: Nitin Padmakar Deshpande
Filed Document - Date of Receiving - 1: 23/08/2016
2) Document Filed: Report
Filed By : Chandrakant Datar
Advocate: Nitin Padmakar Deshpande
Filed Document - Date of Receiving - 2: 19/09/2016
3) Document Filed: Report
Filed By : Dattatraya Datar
Advocate: Nitin Padmakar Deshpande
Filed Document - Date of Receiving - 3: 19/09/2016
4) Document Filed: Vakalatnama
Advocate: Government Pleader Writ Cell
Filed Document - Date of Receiving - 4: 09/11/2016
5) Document Filed: Vakalatnama
Advocate: Government Pleader Writ Cell
Filed Document - Date of Receiving - 5: 09/11/2016
6) Document Filed: Vakalatnama
Advocate: Nitin Padmakar Deshpande
Filed Document - Date of Receiving - 6: 23/08/2016
Respondent-1: Sarita Nagari Phase - Ii
Respondent-2: Co-operative Housing Society Ltd.
Respondent-3: Ors.
Petitioner-1: A.v. Bhat Housing Company Through Partner Sameer S. Belvalkar
Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION BEFORE THE NATIONAL LOK ADALAT WRIT PETITION NO. 8623 OF 2021 Ankush Bapurao Thakur $V/s.$ The Deputy Collector & Ors. ...Petitioner ....Respondent Mr. Nitin Padmakar Deshpande – Adv. for the Petitioner. Mr. B. V. Samant, AGP for State. Uttam R. Patil – DRO Pune. CORAM : S. M. MODAK, J. D. S. DESHMUKH, REGISTRAR (JUDICIAL-II) V. A. SATHE, DY. REGISTRAR, OSD AT CPC DATE : $11^{text{th}}$ DECEMBER, 2021 $overline{P}C$ .: Remove from board. $1.$ Place the matter before Regular Court. $2.$ (V. A. SATHE) (D. S. DESHMUKH) (S. M. MODAK, J.) O.S.D. at CPC Registrar (Judl.-II) (Judge)
Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8623 OF 2021 Ankush Bapurao Thakur ...Petitioner V/s. The Deputy Collector Resettlement Pune District Pune and Ors. ...Respondents Mr. Nitin P. Deshpande, for the Petitioner. Mr. R. S. Pawar, A.G.P. for the Respondent / State. CORAM : PRASANNA B. VARALE AND SHRIKANT D. KULKARNI, JJ. DATE : 09 JUNE 2022 P.C. . Heard the learned counsel for the Petitioner. Issue notice to the Respondents returnable on 30 June 2022. Learned A.G.P. waives notice for all the Respondents. (SHRIKANT D. KULKARNI, J.) (PRASANNA B. VARALE, J.)
Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 8623 OF 2021 Ankush Bapurao Thakur PETITIONER V/S The Deputy Collector And Ors RESPONDENT CORAM : HON'BLE SHRI JUSTICE R.D. DHANUKA & HON'BLE SHRI JUSTICE M. G. SEWLIKAR, JJ DATE : 30th June, 2022 P.C. : Balance Daily Board cannot be taken up today on account of paucity of time. Stand over to 12/08/2022 . Ad-interim relief or interim relief, if any, granted earlier will continue to operate till next date. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 11: UMESH SHRINIWAS MALANI Digitally signed by UMESH SHRINIWAS MALANI Date: 2022.08.20 13:31:24 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8623 OF 2021 *** *** Ankush Bapurao Thakur ...Petitioner Versus The Deputy Collector (Rehabilitation) Pune & Ors. ...Respondents None for the petitioner. CORAM : PRASANNA B. VARALE & KISHORE C. SANT, JJ. DATE : AUGUST 12, 2022. P. C. : Matter is moved before this Court by way of a praceipe. In view of urgency, order is passed on praceipe itself. None for the petitioner. List the petition as per its own turn. (KISHORE C. SANT, J.) (PRASANNA B. VARALE, J.)
Order - Status 12: SHRIKANT SHRINIVAS MALANI Digitally signed by SHRIKANT SHRINIVAS MALANI Date: 2022.08.26 16:53:33 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8623 OF 2021 Ankush Bapurao Thakur ...Petitioner Versus The Deputy Collector (Resettlement) Pune, & Ors. ...Respondents *** Ms. Rachana Harpale i/by Mr. Nitin P. Deshpande, Advocate for the Petitioner. Mr. V. S. Gokhale, B Panel Counsel (AGP), for the Respondent State. *** CORAM : PRASANNA B. VARALE & KISHORE C. SANT, JJ. DATE : AUGUST 25, 2022. P. C. : Matter is moved before this Court by way of a praceipe. In view of urgency, order is passed on praceipe itself. Heard learned Counsel for Petitioner. Issue notice to the Respondents, making the same returnable on 06th October, 2022. Learned AGP waives notice for Respondent – State. Learned Counsel for Petitioner is permitted to serve the private Respondents, by way of any legally permissible mode of service, apart from Court service and to place on record service affidavit before next date. (KISHORE C. SANT, J.) (PRASANNA B. VARALE, J.)
Order - Status 15: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8623 OF 2021 Ankush Bapurao Thakur ...Petitioner Versus The Deputy Collector Resettlement Pune District Pune And Ors. ...Respondents Ms. Kanchan Phatak i/b Mr. Nitin Deshpande, for Petitioner. Mr. V.S. Gokhale, 'B' Panel Counsel for the Respondents-State. ---- CORAM : R.D.DHANUKA, AND M.M.SATHAYE, JJ. DATE : 18th JANUARY 2023 P.C. Rule. Rule is made returnable forthwith. Learned AGP waives service for the Respondent/State. Taken up for final disposal by consent. This petition is filed under Article 226 of the Constitution of India seeking direction to the Respondents-State to delete the entries of 'reservation for project affected persons' from the other rights column of 7/12 extracts of the Petitioner's land admeasuring 2 Hectares and 72 Ares from Gat No. 112, situated at Village Takali Bhima, Taluka Daund, District – Pune. It is the case of the Petitioner that the subject matter land is falling in the benefited zone and as such it is kept under reservation SNEHA NITIN CHAVAN Digitally signed by SNEHA NITIN CHAVAN Date: 2023.01.19 12:19:47 +0530 vide M. E. No. 505, for the allotment of project affected persons of Bhama-Askhed Irrigation project. It is further case of the Petitioner that because of such endorsement, he cannot deal with his land and Government has also not taken steps in last 24 years for acquisition and allotment of this land to the project affected persons. As a result, there is indefinite fetter/restriction on the Petitioner's right to enjoy subject matter land. Learned counsel for the Petitioner has invited our attention to various earlier orders passed by this Court viz. Order dated 17.09.2013 passed in Writ Petition No. 5207 of 2013, Order dt. 17.10.2018 passed in Writ Petition No. 2821 of 2018, Order dt. 14.08.2019 passed in batch of Writ Petitions with leading Writ Petition No. 5763 of 2017, Order dt. 17.02.2020 passed in Writ Petition No. 1578/2020 1567, 1474, 1475 and 1476 all of 2020, Order dt.27.10.2020 passed in group of Writ Petitions with leading Writ Petition No. 5077 of 2020, Order dt. 05.08.2021 passed in Writ Petition No.2508 of 2021, Order dt. 11.08.2021 passed in Writ Petition No. 8629 of 2018, Order dt. 07.10.2021 passed in Writ Petition No. 1601 of 2021 and Writ Petition No. 716 of 2021, Order dt. 15.11.2021 passed in group of Writ Petitions with leading Writ Petition No. 1332 of 2021 and latest Order dt. 02.03.2022 passed in group of Writ Petitions with leading Writ Petition No. 5507 of 2021. Perusal of all these orders show that this Court has taken consistent view that private lands of the citizens like Petitioner cannot be kept under continuous and indefinite fetter, without initiating any action for allotment to project affected persons. If the Respondent-State wants to allot any of these lands to project affected persons, necessary steps must be taken and completed in time bound manner, otherwise the subject matter land must be released from such endorsements on 7/12 extract. Learned AGP for the Respondent-State could not distinguish facts of the present matter from the facts of the above said cases. We are therefore, of the view that this matter is covered by aforesaid Judgments and Orders taking consistent view. In that view of the matter, we pass the following order : (i) The State Government is directed to complete the process of allotting the Petitioner's land which is declared as part of the benefited zone, for allotment to the project affected persons, if required, and the said process shall be completed within six months from today, without fail. (ii) It is further directed that if the Petitioner's land is not allotted as stated above, the mutation entries effected in its 7/12 extracts about reservation for project affected persons, be deleted without further reference to the Court within two weeks from the date of expiry of six months. It is directed that no further extension of time would be granted for the same. (iii) It is further directed that if the entire process of allotment of Petitioner's land is not over within a period of six months from today as stated above, the Petitioner whose land has been placed under the benefited zone, would be at liberty to deal with his said land in the manner he desires and the State Government shall not initiate any acquisition proceedings in respect of the Petitioner's land which is subject matter of this petition, after expiry of six months. (iv) It is further made clear that the Government Resolution dated 18th January, 2022 and 11th February, 2022 shall be read with this order, so far as its application to the Petitioner's land is concerned. (v) The Writ Petition is disposed of. Rule is made absolute in above terms. There shall be no order as to costs. (vi) All concerned to act on an authenticated copy of this order. [M.M.SATHAYE, J.] [R.D.DHANUKA, J.]
1) Document Filed: Vakalatnama
Filed By : The Deputy Collector And Ors
Advocate: Government Pleader A.S. Writ Cell
Filed Document - Date of Receiving - 1: 17/05/2022
Respondent-1: The Deputy Collector
Respondent-2: Ors
Petitioner-1: Ankush Bapurao Thakur
Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION STAMP NO. 17121 OF 2016 Mr. Deepak Sopanrao Salunkhe And Ors ....Petitioner V/S The State Of Maharashtra Through Addl. Chief Secretary And Ors ....Respondent MADHAV JAYAJIRAI JAMDAR GOVERNMENT PLEADER WRIT CELLR.NO. 1 CORAM : RANJIT MORE. & SMT. ANUJA PRABHUDESSAI, JJ DATE : 8th August, 2016 P.C. : Mentioned. At the request of learned advocate for the petitioners Stand over to 16/08/2016. Ad-interim relief if any granted earlier to continue till then. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL AND CRIMINAL APPELATE JURISDICTION AND ORDINARY ORIGINAL CIVIL JURISDICTION COMMON ORDER CORAM : S.S. KEMKAR & M. S. KARNIK, JJ. DATE : 16 / 08 /2016 P.C.: The following matters on balance Board/Daily Board cannot be taken up today on account of paucity of time. The matters will appear on the dates as may be fixed as per C.M.I.S. Civil Appellate Side C.M.I.S. Date Origi nal Side C.M.I.S Date 95, 145 14/10/16 101 06/04/17 96, 103 150, 151, 152,153,154,155,156,157,158, 159,160,161,162 27/10/16 102 07/04/17 146, 149 20/12/16 89, 90, 91, 92, 97, 98,99,100,104,105,106,107, 108, 109,110, 111, 112, 113,115,116, 117,118,119,120,121,122,123, 124,125,126,127,128,129,130, 131,132,133,134,135 02/03/17 136,137,138,139,140, 143,144,147,148 03/03/17 If in any of the above matters, ad interim relief or interim relief is operative till today, the same will continue to operate till the respective next dates. If adinterim relief is not granted for a limited period, the said orders will remain unaffected. (M.S. KARNIK, J.) (S.S. KEMKAR, J.)
Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 10327 OF 2016 Mr. Deepak Sopanrao Salunkhe And Ors ....Petitioner V/S The State Of Maharashtra Through Addl. Chief Secretary And Ors ....Respondent Madhav Jayajirai Jamdar For Petitioner Ms. R.M. Shinde, AGP for State. CORAM : SHANTANU S. KEMKAR & M. S. KARNIK, JJ DATE : 26th October, 2016 P.C. : No order, as per CMIS date. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 11: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 10327 OF 2016 Mr. Deepak Sopanrao Salunkhe And Ors ....Petitioner V/S The State Of Maharashtra Through Addl. Chief Secretary And Ors ....Respondent Madhav Jayajirai Jamdar For Petitioner Ms. NIsha Mehra,Assst. Government Pleader Writ Cell R.no. 1 For Respondent CORAM : SHANTANU S. KEMKAR & PRAKASH D. NAIK, JJ DATE : 28th November, 2016 P.C. : Stand over to 18/01/2017 ( FOR REGISTRAR JUDICIAL - I )
Order - Status 13: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10327 OF 2016 Deepak Sopanrao Salunkhe & Ors. .. Petitioners Vs. The State of Maharashtra & Ors. .. Respondents …... Mr. Madhav J. Jamdar, Advocate for the Petitioners. Ms. R. M. Shinde, AGP for Respondent No.1 – State. Mr. Nitin P. Deshpande, Advocate for Respondent No.2. CORAM : SHANTANU S. KEMKAR AND PRAKASH D. NAIK, JJ. DATED : JANUARY 18, 2017. …... P.C. : Heard learned counsel appearing for the petitioner on the question of admission. 2 Issue notice to the respondents. 3 Learned AGP waives service of notice on behalf of respondent no.1. 4 Learned counsel appearing for Respondent No.2 waives service of notice on his behalf. 5 Steps for service of notice on respondent no.3 be taken within two weeks. rpa 2/2 wp-10327-16.doc 6 Reply of the petition be filed within four weeks from today. 7 List the petition as per C.M.I.S. date. (PRAKASH D. NAIK, J.) (SHANTANU S. KEMKAR, J.)
Order - Status 15: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATTE JURISDICTION WRIT PETITION NO.10327 OF 2016 Deepak Sopanrao Salunkhe and Others Petitioners vs. The State of Maharashtra and Others Respondents Mr. M.J. Jamdar, for the Petitioners Ms. Chaitali Kale i/b. Mr. N.P. Deshpande, for Respondent Nos. 2 and 3. Mr. V.N. Sagare, AGP for Respondent No. 1. CORAM : SHANTANU S. KEMKAR & B.P. COLABAWALLA, JJ. DATE : APRIL 03, 2017 P.C.: . The learned counsel for Respondent Nos. 2 and 3 undertakes to file reply during the course of the day. The rejoinder if any, may be filed by the Petitioners within four weeks. List the matter as per CMIS date. (B.P. COLABAWALLA, J.) (SHANTANU S. KEMKAR, J.)
Order - Status 17: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 10327 OF 2016 Mr. Deepak Sopanrao Salunkhe And Ors ....Petitioner V/S The State Of Maharashtra Through Addl. Chief Secretary And Ors ....Respondent CORAM : SHANTANU S. KEMKAR & G. S. KULKARNI, JJ DATE : 7th December, 2017 P.C. : Due to paucity of time the matter is adjourned for CMIS date. Ad-interim relief if any to continue till then. Stand over to CMIS date. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 19: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 10327 OF 2016 Mr. Deepak Sopanrao Salunkhe And Ors ....Petitioner V/S The State Of Maharashtra Through Addl. Chief Secretary And Ors ....Respondent CORAM : R.M. BORDE & RAJESH G. KETKAR, JJ DATE : 7th February, 2018 P.C. : Due to paucity of time the matter is curtailed from daily board and adjourned as per CMIS date. In the meantime,Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 21: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 10327 OF 2016 Mr. Deepak Sopanrao Salunkhe And Ors ....Petitioner V/S The State Of Maharashtra Through Addl. Chief Secretary And Ors ....Respondent Mr.Madhav Jayajirai Jamdar For Petitioner Mr. C.P. Yadav, AGP for State/Respondent no. 1. CORAM : SHANTANU S. KEMKAR & M. S. KARNIK, JJ DATE : 18th April, 2018 P.C. : None for Respondent Nos. 2 and 3. Stand Over to 20/06/2018. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 23: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10327 OF 2016 Mr. Deepak Sopanrao Salunkhe & Ors. … Petitioners Versus The State of Maharashtra & Ors. … Respondents Mr. Madhav J. Jamdar for Petitioners. Mr. M. M. Pabale, AGP for Respondent No.1 – State. CORAM : SHANTANU KEMKAR AND NITIN W. SAMBRE, JJ. DATE : JULY 13, 2018 . Heard learned Counsel for the Petitioners on the question of admission. RULE. No fresh notice after admission is necessary, as Respondents are already represented. (NITIN W. SAMBRE, J.) (SHANTANU KEMKAR, J.)
1) Document Filed: Report
Filed By : Dr. P.S. Sonawane
Advocate: Nitin Padmakar Deshpande
Filed Document - Date of Receiving - 1: 03/04/2017
2) Document Filed: Report
Filed By : Sampatrao S Yadav
Advocate: Madhav Jayajirai Jamdar
Filed Document - Date of Receiving - 2: 29/04/2017
3) Document Filed: Report
Filed By : Gopal S. Pawar
Advocate: Madhav Jayajirai Jamdar
Filed Document - Date of Receiving - 3: 06/02/2017
4) Document Filed: Vakalatnama
Advocate: Government Pleader Writ Cell
Filed Document - Date of Receiving - 4: 11/11/2016
5) Document Filed: Vakalatnama
Advocate: Samarth Shrikant Karmarkar
Filed Document - Date of Receiving - 5: 18/10/2019
6) Document Filed: Vakalatnama
Advocate: Nitin Padmakar Deshpande
Filed Document - Date of Receiving - 6: 23/08/2016
Respondent-1: The State Of Maharashtra Through Addl. Chief Secretary
Respondent-2: Ors
Petitioner-1: Deepak Sopanrao Salunkhe
Petitioner-2: Ors