Sachin Shivaji Thombare v. The State Of Maharashtra And ORS

Digitally signed by PRASHANT VILAS RANE Date:

2024.01.17 15:36:28 +0530 PRASHANT VILAS RANE 11wp-646-24.odt pvr

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 646 OF 2024 Sachin Shivaji Thombare & Ors.

..Petitioners

Versus

The State of Maharashtra & Ors.

..Respondents __________ Mr. Rahul S. Kate, for the Petitioners.

Ms. S. D. Vyas, Addl. Govt. Pleader with Ms. P. N. Diwan, AGP for the State.

Mr. Shubham Misar, for Respondent No.6.

__________ CORAM :

G. S. KULKARNI & FIRDOSH P. POONIWALLA, JJ.

DATE :

16 JANUARY 2024.

P.C.:

1.

After this petition was heard for some time, Mr. Kate, learned Counsel for the petitioners seeks leave to withdraw this petition, to enable the petitioners to take recourse to an appropriate remedy as available in law. He submits that the respondents are likely to take coercive action against the petitioners, and would request for a protection till the petitioners take recourse to an appropriate remedy. 2.

Considering the facts and circumstances of the case, to enable the petitioners to take recourse to appropriate remedy as permissible in law, we ------------------------- 16 January 2024

11wp-646-24.odt are of the opinion that the course of action as suggested by Mr. Kate needs to be followed.

3.

We direct that for a period of fifteen days from today, no coercive action be taken by the respondents, this merely, to enable the petitioners to avail of the alternate remedy and grant of such limited protection would not amount to any expression on the rival contentions. We keep open all contentions of the parties to be agitated in the appropriate proceedings. 4.

Disposed of in the above terms. No costs.

[FIRDOSH P. POONIWALLA, J.] [G. S. KULKARNI, J.] ------------------------- 16 January 2024