Shri. Sonba Bhudhaji Pasalkar And ORS v. State Of Maharashtra And ORS

rpa 1/2 59-wpst-11496-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST.)NO.11496 OF 2019 Sonba Bhudhaji Pasalkar & Ors.

.. Petitioners Vs.

State of Maharashtra & Ors.

.. Respondents ......

Mr.Sugandh B. Deshmukh, Advocate for the Petitioners. Mr.N.C. Walimbe, Advocate for Respondent Nos.1 to 4 - State. Mr.Bharat Waghmare, DRO, Pune, Present.

......

CORAM :

A.A. SAYED AND PRAKASH D. NAIK, JJ.

DATED :

JULY 9, 2019.

P.C. :

Learned AGP, on instructions from DRO, Pune, who is present in Court states that the Petitioners will be granted a fresh hearing and a fresh order shall be passed pursuant to the order passed by this Court on 19th December, 2016, in Writ Petition No.408 of 2016. In view of the above, by consent, we pass the following order:

:: O R D E R ::

(i) The Petitioners shall be given a fresh hearing by Respondent No.2 and the Respondent No.2 shall pass

rpa 2/2 59-wpst-11496-19.doc an order afresh pursuant to the directions contained in order dated 19th December, 2016 of this Court in Writ Petition No.408 of 2016;

(ii) To facilitate fresh hearing and order being passed afresh, the impugned order dated 22nd March, 2019, is set aside;

(iii) We accept the statement of learned Counsel for the Petitioners that the Petitioners shall appear before Respondent No.2 on 5th August, 2019 at 11:00 a.m., when appropriate directions may be given by Respondent No.2 as regards hearing of the matter; (iv) The Petitioners shall produce necessary papers before the Respondent No.2, as required and shall also satisfy the Respondent No.2 of their entitlement; (v) We record the statement of the learned AGP, on instructions, that the fresh decision shall be taken within a period of four months from 5th August, 2019; (vi) Writ Petition to stand disposed of in the aforesaid terms.

(PRAKASH D. NAIK, J.) (A.A. SAYED, J.)