Mr. Manoj Balkrishna Koli And ORS. v. The State Of Maharashtra And ORS.

1 14.caw-690.16.doc sbw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.690 OF 2016 IN WRIT PETITION NO.10740 OF 2015 Manoj Balkrishna Koli & Ors.

... Applicants In the matter between Manoj Balkrishna Koli & Ors.

... Petitioners vs.

The State of Maharashtra & Ors.

...Respondents

WITH WRIT PETITION NO.6929 OF 2016 WITH WRIT PETITION NO.7524 OF 2016 WITH WRIT PETITION NO.7525 OF 2016 WITH WRIT PETITION NO.9115 OF 2014 WITH WRIT PETITION NO.9327 OF 2016 WITH WRIT PETITION NO.10563 OF 2016 WITH WRIT PETITION NO.10564 OF 2016 Mr. Y. H. Muchhala a/w Sagheer A. Khan, Javed Patel & Musaddique Momin i/b. Judicare Law Associates for the applicant in CAW/690/2016 and for the petitioner in WP/10740/2015, 9115/2014, & 9327/2016.

Mr. K. N. Khandekar for the applicant in CAW/577/2017. Mr. Rakesh Bhatkar a/w Mohan N. Devkule for the petitioner in WP/6929/2016, 7524/2016, 7525/2016.

Mr. Rohit Deo, A.G. a/w A. B. Vagyani, G.P. & Ms. Nisha Mehra for the respondent-State in All the petitions.

Ms. Gayatri Singh, Senior Advocate, a/w Ms. Meenaz Kakali i/b. Zaman Ali for the respondent no.2 in WP/9327/2016.

2 14.caw-690.16.doc CORAM : A.S.OKA, & A. K. MENON, JJ.

DATE : 24th APRIL, 2017 P.C.

1. Heard the learned Senior Counsel appearing for the applicants. The substantive prayers in the applications are prayer clauses (a) and (b). As far as the prayer clause (a) is concerned, all the applications listed in Exhibit F-1 to the petition have been decided even in accordance with the case of the applicants. Hence, there is no question of granting the prayer clause (a) as the orders passed on the applications still hold the field.

2. As far as the prayer clause (b) is concerned, this prayer is for stay of the Government Notification dated 5th February, 2016. The grant of stay to the Government Notification in the facts of the case will virtually amount to grant a final relief at this stage which in the facts and circumstances of the case cannot be granted. Accordingly, the application is rejected.

3. Writ Petition No.10740 of 2015 shall be added to the appropriate final hearing weekly cause list.

(A. K. MENON, J.) (A. S. OKA, J.)