Tauqueer Ahmed Shoeb Ahmed And ORS v. Regional Dy. Commissioner Textiles Mumbai And ORS

Rajeshri Aher 1/2 903 wp 594 of 2023(2).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 594 OF 2023 Tauqueer Ahmed Shoeb Ahmed and Ors.

...Petitioners

V/s.

Regional Dy. Commissioner Textiles Mumbai and Ors.

...Respondents

....

Mr. N.R.Bubna, Advocate for Petitioners.

Mr. Anilkumar Patil, Advocate for Respondents. Mr. R.S. Pawar, AGP for Respondent-State.

Mr. A.R. Saswade, Regional Deputy Commissioner of Textiles-Mumbai Respondent No.1.

....

CORAM

:K. R. SHRIRAM & RAJESH S PATIL, JJ.

DATED :18th JANUARY 2023 P.C.:

Prayer clause (a) of the Petition reads as under: "a.

For a writ of mandamus, for a writ in nature of mandamus and/or for any other appropriate writ, direction or order directing respondent no.1 to initiate process of fresh elections of respondent no.4 trust only after disposal of Appeals filed by them regarding declaration of their membership of respondent no.4 trust, and ensure that all members including petitioners get right to vote in said election."

Digitally signed by RAJESHRI PRAKASH AHER Date:

2023.04.19 15:20:28 +0530 RAJESHRI PRAKASH AHER Mr.Bubna states the word "them" in prayer Class (a) refers to Petitioners.

This order is corrected pursuant to the order dated 18th April 2023.

Rajeshri Aher 2/2 903 wp 594 of 2023(2).doc We are informed that there are 21 separate Petitions filed and the hearing of delay condonation application was concluded on 12th December 2022. For some inexplicable reasons Respondent No.1 has not even passed any order on the delay condonation application though more than a month has passed. Respondent No.1 is present in Court and Mr.Pawar, on instructions from Respondent No.1, states that Appeal will be heard at 11:00 a.m. on 24th January 2023 and a common order will be passed on the condonation of delay application as well as Appeal. The order shall be passed and communicated by 4th February 2023.

No fresh notice about the hearing is required to be given to parties.

Petition disposed.

We clarify that we have not made any observation on the merits of the matter.

(RAJESH S. PATIL, J.) (K. R. SHRIRAM, J.) This order is corrected pursuant to the order dated 18th April 2023.