Shri. Sayed Haider Imam v. The State Of Maharashtra And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4494 OF 2017 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Omar K. Shaikh, Advocate for Petitioner.

Mr.S.D. Rayrikar, AGP for Respondents No.1 to 3.

Mr. Mayur Khandeparkar i/b. Hariani & Co. for Respondent No.4.

Mr. Ashok V. Jain i/b. M/s. A.V. Jain Asso.

for respondent No.5.

CORAM : R. G. KETKAR, J.

DATE : 24/04/2017 P.C.:

1.

Not on board. At the request of Mr.Shaikh taken up in the production board.

2.

Heard Mr.Omar Shaikh, learned Counsel for the petitioner, Mr.S.D. Rayrikar, learned A.G.P. for respondents No.1 to 3, Mr. Mayur Khandeparkar, learned Counsel for respondent No.4 and Mr.Ashok Jain, learned Counsel for respondent No.5.

3.

Mr. Shaikh submitted that against the order dated 28.9.2016 passed by the Revenue Minister for State, the petitioner has instituted Review Petition in January, 2017. He, therefore, submits that the

2/3 506.WP.4494-17.doc Hon'ble Minster may be directed to dispose of the Review Petition in a time bound manner. Mr. Shaikh states that within one week from today he will take out application for interim relief and serve copy in advance on the other side.

4.

Learned Counsel appearing for the respondents state that they will file reply within two weeks from receipt of the application for interim relief. They submitted that all contentions in the Review Petition as also in application for interim relief may be expressly kept open.

5.

Mr. Rayrikar has tendered a photo-copy of the communication dated 24.4.2017 addressed by Additional Secretary to him. Same is taken on record and marked 'X' for identification. He submitted that Review Petition will be decided within a period of six months from today and the application for interim relief will be decided within six weeks from filing of the replies by the respondents.

6.

In view thereof, the petition is disposed of in the following terms:

(i) The petitioner shall file application for interim relief within one week from today.

(ii) The respondents shall file reply within two weeks from receipt of application for interim relief.

3/3 506.WP.4494-17.doc (iii) All contentions of the parties in that regard are expressly kept open.

(iv) Hon'ble Minister is requested to decide the petition seeking review of the order dated 28.9.2016 within six months from today and the application for interim relief will be decided within six weeks from filing of the replies by the respondents. All contentions of the parties in that regard are expressly kept open.

(v) Petition is disposed of in aforesaid terms with no order as to costs. Order accordingly.

(R. G. KETKAR, J.) Deshmane(PS)