Mahesh S/O Ashok Pentewad v. The State Of Maharashtra Thr. Secretary Tribal Development Dept. And ORS

bdp 10-ia-3421.21.doc by BIPIN DHARMENDER PRITHIANI Date:

2021.11.30 18:25:18 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION BIPIN DHARMENDER PRITHIANI INTERIM APPLICATION NO. 3421 OF 2021 IN WRIT PETITION NO. 3421 OF 2021 Mahesh s/o Ashok Pentewad ... Applicant In the matter between:- Vidya d/o Ashok Pentewad and Ors.

... Petitioners

Versus

The State of Maharashtra and Ors.

... Respondents ****** Mr. Krishna Agrawal i/by Talekar and Associates for the Applicant. Mr. S. S. Patwardhan a/w Ms. Mrinal Shelke for the Respondent No.3. Mr. S. B. Kalel, AGP for the Respondent Nos. 1, 2 and 5. ****** CORAM: R. D. DHANUKA AND ABHAY AHUJA, JJ.

DATE : 30th NOVEMBER, 2021.

P.C. :- .

Learned counsel for the applicant invited our attention to the prayer clause A in the Interim Application and also to the interim order dated 30th August, 2019 passed by the Division Bench of this Court in Writ Petition (St.) No. 24809 of 2019 and would submit that this Court has granted interim relief in favour of the petitioner no.1 in the said petition in terms of prayer clause E in the petition. He submits that the similar reliefs be granted in favour of the applicant who is original petitioner no.2 in the writ petition.

2.

We have heard the learned counsel for the respondent no.3 and

bdp 10-ia-3421.21.doc the learned AGP. Since, the petitioner no.1 is already granted interim relief by this Court by the said order dated 30th August, 2019, we grant similar interim reliefs also in favour of the applicant (original petitioner no.2) in terms of prayer clause A of the interim application. It is made clear that the applicant will not plead any equity and that this order passed by this Court is subject to further orders that would be passed by this Court at the time of the hearing of the writ petition and would be without prejudice to the rights and contentions of both the parties. 3.

Insofar as prayer clause B is concerned, learned counsel for the applicant does not press for this relief and would seek this relief only at the time of final hearing of the petition. Statement is accepted. In view of the statement made by the learned counsel, no reliefs is granted in terms of prayer clause B at this stage.

4.

Interim Application is disposed of in aforesaid terms. 5.

Hearing of the petition is expedited. Petitioner is at liberty to apply for early date of hearing after 10th January, 2022. 6.

Parties to act on an authenticated copy of this order. [ABHAY AHUJA, J.] [R. D. DHANUKA, J.]