Bahgyashree Nitin Chaudhari v. Maha. State Electricity Distribution Comapnay Ltd And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12807 OF 2022 Bahgyashree Nitin Chaudhari ....Petitioner V/S Maharashtra State Electricity Distribution Company Ltd. & Anr.

....Respondents ...

Mr. T.R. Yadav i/b Mr. Siddhes Shetye for the Petitioner. Mr. R.P. Kadam, AGP for Respondent No.1-State. Mr. Ajay S. Pai Asnodkar i/b Ms. Kshitija Wadatkar for Respondent No.1. Mr. Sandeep Jinsiwala for Respondent No.2.

...

CORAM: S.V. GANGAPURWALA, ACJ & SANDEEP V. MARNE, J.

DATE : 16 MARCH 2023.

P.C.:

We have heard the learned Counsels for the Petitioner and the Respondents.

The Petitioner had applied for appointment on compassionate ground in place of her husband.

The Respondent No.1 communicated that the Petitioner should obtain legal heirship certificate, the consent of all other legal heirs and the attested copy of the ration card.

The Petitioner has obtained the legal heirship certificate. The learned Counsel for the Petitioner has filed on record the Additional Affidavit wherein katkam 1/2

k 2/2 57 wp 12807.22 as.doc the Petitioner has undertaken to take care and maintenance of her motherin-law (Respondent No.2). In view of that the Petitioner has complied with the requirements as sought under the letter dated 4 January 2021. The Petitioner may file the Undertaking with Respondent No.1 of maintaining Respondent No.2. The learned Counsel for the Respondent No.2 submits that the Respondent No.2 would also co-operate with the Petitioner and shall give consent letter.

It is submitted that on 30 March 2023 the Petitioner will give the Undertaking that the Petitioner would maintain the Respondent No.2. On the said date Respondent No.2 may also give the letter of consent before the Respondent No.1.

In view of that the Respondent may consider the case of the Petitioner for appointment on compassionate ground on its merits. With this observation, the Writ Petition is disposed of. No costs. (SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE) by SUDARSHAN RAJALINGAM KATKAM Date:

2023.03.18 14:04:28 +0530 SUDARSHAN RAJALINGAM KATKAM katkam 2/2