High CourtsDivision Bench(2023) 06 BOM CK 0010

Ganga Ishanya Co-Op. Housing Society Ltd., Pune And Others vs Pune Municipal Corporation And Others

Bombay High Court · Decided on 8 June 2023

HON’BLE JUDGES
Sunil B. Shukre, J · R.N. Laddha, J
RESULT
Partly Allowed/Disposed Of
CASE NUMBER
Writ Petition No.6350 Of 2023

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Judgment

11 paragraphs · 290 words

Sunil B. Shukre, J

1.

RULE. Rule is made returnable forthwith. Heard finally, by consent of learned Senior Advocate for the petitioners, learned counsel for respondent nos.1 to 4 and learned Senior Advocate for respondent no.5.

2.

It appears that not only the representations dated 30th December 2022 and 12th January 2023 made by the petitioners are pending for consideration and decision of respondent no.2-Municipal Commissioner, even the representations dated 2nd May 2022, 30th December 2022 and 9th January 2023 are pending consideration and decision of the learned Municipal Commissioner.

3.

We are of the view that purpose of this petition, for the present, shall stand served by issuing necessary directions for taking appropriate decision on these representations by respondent no.2. Accordingly, we pass the following order :-

(i) Petition is partly allowed.

(ii) Respondent no.2-Municipal Commissioner is directed to decide the representations dated 30th December 2022 and 12th January 2023 filed by the petitioners and also the representations dated dated 2nd May 2022, 30th December 2022 and 9th January 2023 filed by respondent no.5, in accordance with law, as expeditiously as possible, preferably within three weeks from the date of appearance of the petitioners and respondent no.5 before respondent no.2-Municipal Commissioner.

(iii) Liberty is granted to the petitioners as also to the respondent no.5 to submit their respective notes of arguments before respondent no.2-Municipal Commissioner, while exchanging them with each other.

(iv) Parties shall appear before respondent no.2-Municipal Commissioner on 19th June 2023 at 11:00 a.m.

(v) It is made clear that only the petitioners and respondent no.5 or their authorized representatives are permitted to appear before respondent no.2-Municipal Commissioner.

(vi) All contentions are kept open.

4.

Rule is made absolute in the above terms. Petition is disposed of.