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Bombay High CourtWP/4928/2019dismissed

Shri. Ashok Ishwara Patil And ORS v. Govt. Of Maharashtra Thru Prin. Secretary, Dept. Of Co-Op. And ORS

2020-03-09Hon'Ble Shri Justice R.D. Dhanuka,Hon'Ble Shri Justice Abhay Ahuja2 pages

ppn 1 31.wp-4928.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4928 OF 2019 Ashok Ishwara Patil & Ors.

..

Petitioners Vs.

Govt. of Maharashtra through Principal Secretary, Dept. of Co.op. & Ors. .. Respondents ALONG WITH INTERIM APPLICATION NO.1 OF 2019 IN WRIT PETITION NO.4928 OF 2019 Vishnu Parab & Anr.

..

Applicant In the matter between Ashok Ishwara Patil & Ors.

..

Petitioners Vs.

Govt. of Maharashtra through Principal Secretary, Dept. of Co.op. & Ors. .. Respondents --- Mr.Tapan Thatte a/w Mr.Amar Patil and Mr.Ateet Mhambrey for the petitioners.

Ms.Neeta Karnik for the applicant.

Ms.Sushma Bhende, AGP for the respondent nos.1, 2 and 5-State. Mr.Arvind Aswani i/by Mr.Jagdish G. Reddy (Aradwad) for the respondent no.6.

Mr.Sanjay Gunjkar & Mr.Onkar Gawde & Mr.Jaydeep Deo for the respondent no.7.

--- CORAM : R.D.DHANUKA & ABHAY AHUJA, JJ.

DATE : 9th March 2020 P.C.:

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The substantive prayer in this writ petition is prayer clause (c) seeking appointment of new Chief Administrator in view of the demise of the learned erstwhile administrator. The petitioners seek further

ppn 2 31.wp-4928.19.doc directions for appointment of new Administrator by this Court in the Writ Petition No.6831 of 1998.

2.

Learned counsel for the applicant submits that no relief thus can be granted by this Court in this writ petition. 3.

The petitioners would be at liberty to file civil application in pending Writ Petition No.6831 of 1998. Learned counsel for the petitioners seeks two weeks' time to file such civil application in the said writ petition. Statement is accepted.

4.

Copy of the civil application shall be served upon all the parties who are parties to that writ petition and the parties who are present before this Court today through their advocates. It is made clear that this Court has not expressed any views on merit of the relief proposed to be sought in the civil application. All contentions of all parties are kept open. 5.

Writ petition is dismissed with aforesaid clarification. In view of dismissal of the writ petition, interim application does not survive and is accordingly disposed of. No order as to costs. ABHAY AHUJA, J.

R.D.DHANUKA, J.