Hilalahamad Farook Maner v. The State Of Maharashtra And ORS

1 38 wp 1650-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1650 OF 2021 Hilalahamad Farook Maner ... Petitioner Vs.

The State of Maharashtra & Ors.

... Respondents ------- Mr. Satyajeet A. Rajeshirke, Advocate for Petitioner. Mr. A. A. Alaspurkar, AGP-State, for Respondent Nos.1 and 3. ------- CORAM : R.D. DHANUKA & ABHAY AHUJA, JJ.

DATE : 14th SEPTEMBER 2021 P.C. :

.

Rule. Respondents waive service.

2.

Rule made returnable forthwith. By consent of Counsel for the parties matter is heard fnally.

3.

At the outset, learned Counsel for the petitioner seeks leave to delete respondent Nos.3 and 4. Leave is granted. Amendment to be carried out forthwith.

4.

Learned Counsel for the petitioner, on instructions, states that the proposal dated 1st October 2019 Exh.'K' is pending with mp

2 38 wp 1650-2021.odt respondent No.2.

5.

Respondent No.2 is directed to consider this proposal within a period of six weeks. Learned Counsel for Respondent Nos.1 and 2 have no objection. Respondent No.2 to consider the proposal on its own merits in accordance with law. 6.

All contentions of the parties are kept open. 7.

Respondent No.2 shall communicate the order to the petitioners within a period of one week from the date of passing of the said order. In the event, the order is adverse to the petitioner, same shall not be implemented for a period of two weeks from the date of communication to the petitioner. 8.

The petitioner would be at liberty to fle appropriate proceedings. Rule is made absolute accordingly. The petition is accordingly disposed of in the above terms.

9.

No order as to costs.

(ABHAY AHUJA, J.) (R.D. DHANUKA, J.) mp