Avinash Wamanrao Kshirsagar v. The State Of Maharashtra And ORS

JPP

40. WP15657.22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15657 OF 2022 Avinash Wamanrao Kshirsagar ... Petitioner V/s.

The State of Maharashtra and Ors.

... Respondents Mr. Nitin Gaware Patil for the Petitioners Mr. A.I. Patel, Addl. G.P. with Mr. R.P. Kadam, AGP for the Respondents 1 to 3 CORAM : NITIN JAMDAR & SANDEEP V. MARNE, JJ.

DATE : 09 AUGUST 2023 P.C. :- The learned Counsel for the Petitioner, after arguing for some time, accepts the position that in the representation the factual pleadings which would give rise to the application of legal position laid down in the decisions of the Division Bench of this Court in the cases of Nazera S. Shaikh v/s. State of Maharashtra1 and Anil Dattatraya Kulkarni v/s. State of Maharashtra2 is not to be found. OSWP 2859/2017 dtd. 13/02/2019 (2014) 1 Mah.LJ 667

JPP

40. WP15657.22.doc 2.

The learned Counsel for the Petitioner states that an opportunity be given to submit detailed representation setting out the factual position in respect of the aspect of the Petitioner's parents being wholly dependent would be submitted to the State Government. Upon such representation being submitted through proper channel, the State Government will take necessary decision as per law.

3.

The Writ Petition is accordingly disposed of. SANDEEP V. MARNE, J.

NITIN JAMDAR, J.

by JYOTI PRAKASH PAWAR Date: 2023.08.17 17:11:10 +0530 JYOTI PRAKASH PAWAR