Dattatraya Maruti Ghule v. Ld. Divisional Commissioner Of Pune Division And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by PURTI PRASAD PARAB Date:

2023.03.01 10:26:24 +0530 PURTI PRASAD PARAB WRIT PETITION NO. 9186 OF 2022 Dattatraya Maruti Ghule ....Petitioner V/s.

Ld. Divisional Commissioner of Pune Division and Ors.

...Respondents

---- Mr. Manoj Patil a/w Mr. J.R. Jadhav for Petitioner. Mr. A.P. Vanarase, AGP for Respondents Nos. 1 to 6. ---- CORAM : K.R. SHRIRAM & RAJESH S. PATIL, JJ.

DATED : 22nd FEBRUARY 2023 P.C. :

1.

Mr. Patil states that certain necessary facts which had to be incorporated in the petition have not been incorporated and seeks leave to amend the petition. At the same time, Mr. Patil states that if Respondent No.2 considers the representation dated 18th January 2022 read with representation dated 25th January 2022 read with representation dated 27th January 2022, that would answer petitioner's grievance for the moment. Mr. Patil requested further that petitioner be permitted to file a supplementary representation on or before 4th March 2023 and Respondent No.2 could be directed to consider all the representations together and after giving a personal hearing pass reasoned order. 2.

Mr. Vanarase states that the court may pass such orders as it deems fit. Accordingly petition is disposed with the following order :

2/3 (a) Petitioner to file on or before 4th March 2023 a supplementary representation with Respondent No.2, with copy to anyone else required to be served. (b) Respondent No.2 to consider and dispose on or before 31st March 2023 all representations referred to above together with the supplementary representation to be filed.

(c) Before disposing the representations personal hearing shall be granted to petitioner with at least five working days advance notice.

(d) Petitioner will be entitled to appear either in person or through an authorized representative which could include even an Advocate.

(e) The order to be passed shall be a reasoned order dealing with every submission that petitioner has made in the representations and that would be made during the personal hearing.

(f) Petitioner may within three working days of the personal hearing submit written submissions recording therein what transpired during the personal hearing. 3.

We clarify that we have not made any observations on the merits of the matter.

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No order as to costs.

(RAJESH S. PATIL, J.) (K.R. SHRIRAM, J.)