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Bombay High CourtWP/9470/2019disposed off

Mr. Manilal Vasram Gohel And ORS v. The State Of Maharashtra And ORS

2023-11-30Hon'Ble Shri Justice Nitin Jamdar,Hon'Ble Justice Smt Manjusha Ajay Deshpande2 pages

Digitally signed by RUSHIKESH VISHNU PATIL Date:

2023.12.05 11:12:31 +0530 RUSHIKESH VISHNU PATIL R.V.Patil 1 27 WP.9470.2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9470 OF 2019 Manilal Vasram Gohel & Ors.

...

Petitioners.

V/s.

The State of Maharashtra & Ors.

...

Respondents.

.......

None for the Petitioners.

Ms A. R. S. Baxi for Respondent Nos. 2 and 3. Mr. B. V. Samant, Addl. G.P. a/w Mr. S. H. Kankal, AGP for Respondent No. 1.

.......

CORAM : NITIN JAMDAR, AND MANJUSHA DESHPANDE, JJ.

DATE : 30 November 2023.

P.C. :

None for the Petitioners.

The learned Counsel for Respondent Nos. 2 and 3 has drawn our attention to order dated 18 October 2019. This order was passed after hearing the parties and following observations were made in paragraph 8 of the said order:

"8. We round up this figure and if the Petitioner pays the deficit of Rs. 13 lakhs within a period of four weeks

R.V.Patil 2 27 WP.9470.2019.doc from today the MSEDCL shall grant the request of the Petitioner and connect the premises of the Petitioner to the electricity mains so as to enable the Petitioner to obtain continuous and uninterrupted electricity supply to the premises or unit of Petitioner No. 1. If there is a default, the Writ Petition to stand dismissed without any further reference to the Court. Needless to clarify that all legal remedies of the Petitioner on the factual dispute shall not be affected by this order." The Registry has placed an endorsement that the Advocate for the Petitioners has submitted a letter that on 24 October 2019 the Petitioner had paid an amount of Rs.13 Lakhs to Respondent Nos. 2 and 3. Though there is no specific mention of disposal of the Petition which is a reason why the Petition is placed before us.

The order dated 18 October 2019 is self operative. Since the amount is stated to be deposited by the Petitioners, Respondent Nos. 2 and 3 must have taken necessary action, which is a reason why the Petition is not circulated thereafter. In view thereof, the Petition may not survive.

The Writ Petition is accordingly disposed of. (MANJUSHA DESHPANDE, J.) (NITIN JAMDAR, J.)