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Bombay High CourtWP/12602/2016disposed off

Dilipkumar Mallinath Kavathi And ORS. v. The Assistant Commissioner And ORS.

2016-10-25Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Shri Justice Shantanu S. Kemkar3 pages

1 WP.ST.25258/2016-WP.ST.14575/2016(P-43-24.10) mnm

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST) NO. 25258 OF 2016 Irfan Mahiboob Sagri & Ors.

...Petitioners

Vs.

The Assistant Commissioner & Ors.

...Respondents

WRIT PETITION (ST) NO. 14575 OF 2016 Dilipkumar Mallinath Kavathi & Ors.

...Petitioners

Vs.

The Assistant Commissioner & Ors.

...Respondents

Mr. I.M. Khairdi, Advocate for the Petitioners Mr. S.B. Kalel, AGP for the State CORAM : SHANTANU S. KEMKAR & M.S. KARNIK, JJ.

DATED :25TH OCTOBER, 2016 P.C. :

Matter is not on board. In view of the urgency taken up in the production board.

2.

Parties through their counsel.

3.

Mr. Khairdi, learned counsel for the petitioner submits

2 WP.ST.25258/2016-WP.ST.14575/2016(P-43-24.10) that the question involved in these petitions is covered by the order dated 21 st September, 2013, passed by the Division Bench of this Court in the case of Kiran Namdeo Shinde and Ors. vs. the State of Maharashtra and Ors. in writ petition No.2358 of 2013 and other connected writ petitions. He submitted that these petitions may be disposed of by directing the appropriate authority to consider and take an appropriate decision on the petitioners' claim. He submitted that the petitioners shall submit representation before the competent authority within two weeks from today.

4.

In view of the aforesaid statement, as agreed to by learned counsel for the parties, these petitions are disposed of with liberty to the petitioners to submit the representation before the competent authority within two weeks. On receipt of the same, the competent authority shall examine it and, in case, the petitioners' case is based on the decision of the Division Bench in Kiran Namdeo Shinde (supra), an appropriate decision and consequential relief may be granted in their favour within four months from the date of receipt of

3 WP.ST.25258/2016-WP.ST.14575/2016(P-43-24.10) such representation. Accordingly, the petitions stand disposed of.

(M.S. KARNIK, J.) (SHANTANU S. KEMKAR, J.)