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2024 DAILYLAW 2062 (BOM)

JOSEPH D CUNHA v. STATE OF MAHARASHTRA

/4636/2024 · 2026-08-17

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Judgment text

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68-WP-4636-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 4636 OF 2024 Joseph D. Cunha ...Petitioner Versus The State of Maharashtra & Ors. ...Respondents Mr. Sujeet Kurup for the Petitioner. Mr. Jagdish G. Aradwad (Reddy) for the Respondent Nos.7 and 8 – SRA). Mr. Suraj Gupte, A.G.P for the Respondent-State. Mr. Nilesh Das for the Respondent Nos.10 to 13. Mr. Bibhishan Sutar a/w Ms. Jyoti Mhatre i/b Adv.Komal Punjabi for the Respondent – BMC. CORAM : M. S. KARNIK & SANDESH D. PATIL JJ. DATE : 17 th AUGUST, 2026 P.C. (PER SANDESH D. PATIL, J): 1. By the present petition, the petitioner is seeking a Writ of Mandamus to direct the respondent Nos.1 to 7 to further direct the Wakodikar 1/3 RUPALI RAJESH WAKODIKAR Digitally signed by RUPALI RAJESH WAKODIKAR Date: 2026.08.20 13:39:19 +0530 68-WP-4636-2024.doc respondent Nos.9 to 15 to enter into permanent alternate accommodation agreement with respect to the entitlement of the petitioner to a permanent alternate accommodation for an area of 325 sq.ft. with respect to the said re-development of the said Shankar Lok Building on land admeasuring 856.10 sq.mtrs. bearing CTS No. 3147, 3150, 4150/1 to 9 of village Vakola, Kole-kalyan, Santacruz East, Mumbai – 400 055. 2. Learned Counsel appearing for the respondents relied upon a letter issued by the SRA to him where it is stated that the name of the petitioner is not found in the ‘Annexure II’ and therefore, they are not entitled for any relief. 3. Having gone through the copy of the letter in the Court, learned Counsel for the petitioner states that in such an event, he seeks leave of this Court to withdraw the aforesaid petition with liberty to file appropriate proceeding before the Apex Grievance Redressal Committee (A.G.R.C) challenging the ‘Annexure II’ itself Wakodikar 2/3 68-WP-4636-2024.doc and such further orders as are required. 4. In light of the submissions made by the learned Counsel for the petitioner, we permit the petitioner to withdraw the aforesaid petition with liberty to initiate an appropriate proceeding before the A.G.R.C within a period of four weeks from today. 5. After the proceedings are initiated, the A.G.R.C to decide the same within a period of 12 weeks from the date from which the proceedings are presented before the A.G.R.C. 6. Petition is accordingly disposed of in terms of the aforesaid observations. (SANDESH D. PATIL, J.) (M. S. KARNIK, J.) Wakodikar 3/3