Smt. Hiradevi Ghanshyam Dubey v. The State Of Maharashtra And ORS

Shubhada S Kadam 110 wp 13020.2022.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13020 of 2022 Smt. Hiradevi Ghanshyam Dubey ....Petitioner

Versus

The State of Maharashtra and ors.

....Respondents Mr. R. D. Soni i/b. Ram and Co., Advocates for the Petitioner. Mrs. M. P. Thakur, AGP for Respondent-State.

CORAM : S. V. GANGAPURWALA & S. G. DIGE, JJ.

DATE : 16th NOVEMBER, 2022.

P.C. :

1.

Learned Advocate for the petitioner submits that pursuant to the order passed by learned Single Judge of this Court dated 8th May, 2012, the appeal was directed to be decided and the interim order passed on 23rd August, 2011, was to remain in force till the decision in the appeal. According to learned counsel for the petitioner, the appeal is not yet decided and the impugned notices are issued contrary to the interim orders passed by this Court. 2.

Learned AGP submits that the appeal was filed by the petitioner in the May, 2012 and there was a fire in Mantralaya in 1/2 SHUBHADA SHANKAR KADAM SHUBHADA SHANKAR KADAM Date: 2022.11.21 10:49:34 +0530

Shubhada S Kadam 110 wp 13020.2022.doc June, 2012. The appeal filed by the petitioner is not traceable. Learned AGP, on instructions, submits that the petitioner may give the copy of the appeal memo and the documents relied upon and the appeal would be decided by the authority within a period of eight weeks from the date of receipt of copy of the appeal memo. 3.

The file shall be reconstructed. The copy of the appeal memo and documents shall be submitted by the petitioner within one week to the respondents.

4.

The respondents shall, thereafter, take decision preferably within eight weeks from the date of receipt of appeal memo and documents from the petitioner.

5.

Till the date, the appeal is decided, the interim order passed by this Court on 8th May, 2012 in writ petition lodging No.1271 of 2012 shall continue.

6.

The writ petition is disposed of. No costs.

(S. G. DIGE, J.) (S. V. GANGAPURWALA, J.) 2/2