Manohar Rawalappa Nayak v. Vice President And ORS

JOHNSON GONSALVES Date: 2023.12.13 18:17:01 +0530 SMITA JOHNSON GONSALVES sg 7.wp5385-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.5385 OF 2019 Manohar Rawalappa Nayak .. Petitioner vs.

Vice President And Ors.

.. Respondents Mr. Mahadeo Anantrao Choudhari, for the Petitioner. Mr. Ganesh Sudhir Vaidya, for Respondent Nos. 1, 2 and 3. Mr. Y.M. Nakhwa, APP, for Respondent State.

CORAM: A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 11th DECEMBER, 2023.

P. C.:- 1) Present Petition is wholly misconceived. According to us, the reliefs sought for in the present Petition are amenable to writ jurisdiction on civil side, as the Additional Director General of Police and Chief Vigilance and Security Officer, MHADA, Mumbai, in his communication dated 2nd August, 2017, has proposed to fix liability on the concerned Officers and the staff and to initiate administrative action against them. 2) Facing with the said difficulty, learned Advocate for the Petitioner, on instructions, seeks leave to withdraw the Petition with liberty to file a Civil Writ Petition.

2.1) Leave and liberty granted.

3) Disposed of as withdrawn with aforesaid liberty. (SHYAM C. CHANDAK,J.) (A. S. GADKARI, J.) 1/1