Bombay High CourtWP/10185/2015disposed off

Shri Suresh Dnyanu Aute v. The State Of Maharashtra And ORS

2016-08-23Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

1 63-wp-10185-10187-10188.2015.sxw hvn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10185 OF 2015 Shri Suresh Dnyanu Aute ...

Petitioner

Versus

The State of Maharashtra and Ors.

...

Respondents ALONG WITH WRIT PETITION NO. 10187 OF 2015 Shri Vishnu Jaysingh Chaudhari ...

Petitioner

Versus

The State of Maharashtra and Ors.

...

Respondents ALONG WITH WRIT PETITION NO. 10188 OF 2015 Shri Milindkumar Madhukarrao Gharge ...

Petitioner

Versus

The State of Maharashtra and Ors.

...

Respondents Mr. P.D. Gharge for the petitioners.

Mr. Bhushan Kakade, AGP for the respondent State. CORAM : SHANTANU KEMKAR & MAKARAND KARNIK, JJ.

DATED : AUGUST 23, 2016.

P.C.

Parties through their counsel.

Feeling aggrieved by the order dated 23.3.2013 Exh. E passed by respondent no. 2, the petitioner has filed this petition. According to the learned counsel for the petitioner, respondent no.2 has wrongly taken into consideration the Government

2 63-wp-10185-10187-10188.2015.sxw Resolution dated 1.12.1999 as the petitioner is not falling under the category for which the said Government Resolution has been issued but falls under the category in respect to which GR dated 8.1.1995 Exh. 2 filed along with additional affidavit. Having considered the submissions made by the learned counsel for the parties, without commenting upon the contention raised by the petitioner, we are inclined to dispose of this petition by directing respondent no.2 to consider the petitioner's claim afresh keeping in view the Government Resolution dated 8.12.1995. Needless to say that the said authority will examine as to whether the petitioner's claim falls under the GR dated 1.12.1999 or 8.12.1995. Let the appropriate decision by applying correct GR be taken by respondent no.

2 as expeditiously as possible but not later than three months from the date of receipt of copy of this order. As a result, impugned order stands set aside. Petition is disposed of. Petitioner to appear before respondent no. 2 on 31st August, 2016. Parties to act upon the copy of this order.

(MAKARAND KARNIK, J.) (SHANTANU KEMKAR, J.)