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Bombay High CourtWP/5720/2021disposed off

Vinayak Kundalik Mane v. The State Of Maharashtra And ORS

2021-09-21Hon'Ble Shri Justice S.J. Kathawalla,Hon'Ble Shri Justice Milind N. Jadhav2 pages

SWAROOP SHARAD PHADKE by SWAROOP SHARAD PHADKE Date: 2021.09.22 17:10:17 +0530 18 wp 5720 of 2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5720 OF 2021 Vinayak Kundalik Mane ...

Petitioner

Versus

The State of Maharashtra and Ors.

...

Respondents Mr. Narendra V. Walawalkar, Senior Advocate with Mr. Suresh M. Sabrad, Ms. Neha Parte, for Petitioner.

Mrs. M.P.

Thakur, AGP, for State.

Mr. Abhijit P. Kulkarni, for Intervenor - Mr. Jivaraj S. Pawar. Mr. Milind Deshmukh, for Respondent No.4.

Mr. Tejash Dande with Mr. Bharat Gadkari, Mr. Aniket Aghade, Ms. Trushna Shah i/ by Mr. Tejash Dande and Associates, for Respondent No.5. Mr. Arjun Kadam i/by Mr. S.R.Nargolkar, for Respondent No.9. CORAM: S.J. KATHAWALLA & MILIND N. JADHAV, JJ.

DATE :

21st SEPTEMBER, 2021 P.C. :

1.

The learned Advocates for the Respondents have on instructions submitted that they have no objection if without prejudice to their rights and contentions, the Writ Petition is allowed in terms of prayer clause (a). The statement is accepted and the Writ Petition is allowed in terms of prayer clause (a) which is reproduced hereunder :

"(a)Issue an appropriate writ, order or direction, directing the Respondent Nos.6 to 9 to hold fair and impartial enquiry, after affording an opportunity of hearing to all concern and as per the order dated 6.9.2021 passed by the Respondent No.2 and submit the report to this Hon'ble Court;" SSP 1/2

18 wp 5720 of 2021.doc 2.

All contentions of the parties are kept open. It is clarified that the enquiry shall be conducted as early as possible and a copy of the report shall be submitted before this Court.

3.

The Writ Petition is accordingly disposed of. ( MILIND N. JADHAV, J.) ( S.J.KATHAWALLA, J. ) SSP 2/2