VALJI MAVJI PATEL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By way of this Notice of Motion, it is prayed that the order dated 14th December, 2001 passed in the above Review Petition No. 34 of 2001 in Writ Petition No. 956 of 2001 be recalled and ordered to be set aside and the petition be ordered to be heard on merits.

(2.) In the above Notice of Motion No. 41 of 2008 the petitioner has prayed that the respondents, their officers, servants, agents and employees be directed to reconstruct the structures demolished by the respondents on 16. 1. 2008 and restore the possession of the said land and to restrain them from further executing the said order dated 14. 12. 2001 and an order/letter dated 9th August, 2007.

(3.) This writ petition was dismissed by an order dated 27th April, 2001 to which one of us (S. J. Vazifdar, J.) was a party, for the reasons recorded in the judgment of the same date in Writ Petition no. 2891 of 1999. This order attained finality between the parties. The petitioner had challenged the order by filing a Petition for Special leave to Appeal in the Supreme Court which came to be disposed of vide order dated 10th August, 2001 wherein liberty was granted to the petitioner to file a proper application before the High Court, if he was of the view that the contentions raised by him were not dealt with by the High Court. In furtherance to this, the petitioner had filed the above Review Petition No. 34 of 2001 before this court.