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2025 DAILYLAW 53841 (BOM)

SHRI BABULAL S/O PARASRAM BARTHE v. THE STATE OF MAHARASHTRA, THROUGH ITS SECRERTARY, REVENUE AND FOREST DEPARTMENT, MUMBAI AND 5 OTHER

WP/6174/2019 · 2025-09-29

Shri Anil S Kilor, Shri Rajnish R Vyas

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Judgment text

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1 17) WP 6174-2019.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 6174 OF 2019 SHRI BABULAL S/O. PARASRAM BARTHE ...Vs... THE STATE OF MAHARASHTRA, THROUGH ITS SECRERTARY, REVENUE AND FOREST DEPARTMENT, MUMBAI AND OTHERS Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Shri D.R.Rupnarayan, Advocate for petitioner. Shri N.R.Patil, AGP for respondent(s)/State. Shri N.R.Saboo, Advocate for respondent no. 6. CORAM: ANIL S. KILOR AND RAJNISH R. VYAS, JJ. DATED : 29th SEPTEMBER, 2025. Shri Saboo, learned counsel for respondent no. 6-Municipal Council makes a statement, ottas were allotted by auction. However, petitioner is in illegal occupation of ottas numbers 10, 11 and 12. 2. It is further pointed out that, the auction of the three ottas, which are in illegal possession of the petitioner, would be held and in such auction, the petitioner can participate and a preference would be given to him. 3. Thereupon, the learned counsel for the petitioner, on instructions, makes a statement that the petitioner is ready to participate in the auction, if any, hold by the Municipal Council and to quote his price for allotting the ottas on lease basis. In the circumstances, nothing survives in this writ petition. 4. The petitioner undertakes to vacate the ottas 2025:BHC-NAG:10087-DB 2 17) WP 6174-2019.odt within a period of one month from the date of auction, in case, he would not be the successful bidder and the allotment is not made in his favour after the auction. The undertaking is accepted with a condition that, such undertaking shall be filed before this Court by the petitioner within a period of one week from today. 5. Accordingly, the petition is disposed of in above referred terms. (RAJNISH R. VYAS, J.) (ANIL S. KILOR, J.) B.T.K.