✦ Bombay High Court · 19 Dec 2022

M/s. Millennium Realtor v. The State of Maharashtra & Ors.

Case at a glance

Key paragraphs

  • Para 44. The petitioner may fle representation/application with Managing Director/Competent Authority, within a period of one week from today. If such representation/ application is fled within one week from today, the Managing Director/Competent Authority shall consider the said representation/application and take decision accordingly on its own…

Judgment

Ms. Ritika Agarwal a/w. Adv. Rachna Bhanushali i/b. ACE Legal, Advocate for the Petitioner. Mrs. R. A. Salunkhe, AGP for Respondents/State. Mr. G. S. Hegde a/w. Ms. P. M. Bhansali, Advocate for the Respondents/CIDCO. CORAM: S.V. GANGAPURWALA, ACTING CJ & S.G. CHAPALGAONKAR, J. DATED : DECEMBER 19, 2022 P.C.

#1. The grievance of the petitioner is that the petitioner had applied for the plot pursuant to the Advertisement. The petitioner has deposited EMD. For FOUR months, EMD was lying with the respondents/CIDCO. Abruptly, the tenders are cancelled without assigning reasons. The same is arbitrary.

#2. The learned Counsel for respondents/CIDCO submits that even otherwise the petitioner has remedy before the Managing Director/Competent Authority of CIDCO. The petitioner can avail remedy. The learned Counsel for respondents/CIDCO also disputes the contention of the petitioner. Gaikwad RD

#3. In view of the fact that the petitioner has remedy before Managing Director/Competent Authority of CIDCO, as contended by learned Counsel for CIDCO, we are not inclined to go into the merits of the contentions of the parties, those are kept open.

#4. The petitioner may fle representation/application with Managing Director/Competent Authority, within a period of one week from today. If such representation/ application is fled within one week from today, the Managing Director/Competent Authority shall consider the said representation/application and take decision accordingly on its own merits and according to law/policy, preferably within six weeks from the date of receipt of the representation/application. The petitioner may represent itself before the Managing Director/Competent Authority.

#5. Till the decision is taken by the Managing Director/Competent Authority, further proceeding regarding allotment of writ land may not be undertaken. Depending upon the decision taken by the Managing Director/Competent Authority, further steps be undertaken. In view of the aforesaid, the writ petition is disposed

#6. of. (S.G. CHAPALGAONKAR, J.) (ACTING CHIEF JUSTICE) RAJU DATTATRAYA GAIKWAD Digitally signed by RAJU DATTATRAYA GAIKWAD 16:19:15 +0530 Gaikwad RD

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

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