Devidas Vithoba Patil v. State Of Maharashtra And ORS

905-wp-6245-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6245 OF 2018 Devidas Vithoba Patil

...Petitioner

vs.

State of Maharashtra and Others

...Respondents

Mr. C.K. Bhangoji i/b.Mr. R.K. Mendadkar, for the Petitioner Mr. Venkatesh Dhond, Sr. Advocate a/w. Mr. Nirav Purnav i/b. K. Ashar & Co., for Respondent No. 2.

Mr. A.I.Patel a/w. Mr. Sandeep Babar, AGP for Respondent-State. CORAM : SHANTANU KEMKAR & N. W. SAMBRE, JJ.

DATE :

JUNE 12, 2018 P.C.:

.

Learned counsel for the Petitioner submits that this Petition may be disposed of in terms of the order passed by this court in Writ Petition No. 6131 of 2018 in the case of Sulabha Vaity & Ors. Vs. State of Maharashtra and Ors. 2.

The prayer is accepted. Petition is disposed of in terms of the said order which reads thus :

.

"Learned Counsel for the Petitioner submits that for the relief claimed in this Petition, the Petitioner will file either Review Petition before the Nagpur Bench of this Court or file SLP before the Supreme Court. He submits that as the Petitioners were not party to the proceedings before the Nagpur Bench and they were surprised when they got the impugned show cause notice, they had to approach this Court Vishal Parekar 1/2

905-wp-6245-2018.doc for redressal of their grievance.

2.

Considering the submissions made by the learned Counsel for the Petitioner as also the Senior Counsel for Respondent Nos. 2 and 3, we observe that the Respondent No.2 shall not take any coercive steps against the Petitioners on the basis of the impugned show cause notice for a period of three weeks. It is clarified that in the meanwhile, Respondent No.2 shall be free to pass appropriate order in regard to the show cause notice issued to the Petitioners after considering reply as may be filed, but shall not take any final action for a period of three weeks.

3.

With the aforesaid observations and directions, the Petition is disposed of."

3.

The Petition is disposed of as such.

(N.W. SAMBRE, J.) (SHANTANU KEMKAR, J.) Vishal Parekar 2/2