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Bombay High CourtRPP/2/2016

Shaikh Abdul Rahim v. The State Of Maharashtra And 4 ORS

2016-01-18Hon'Ble The Acting Chief Justice,Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

RPPL. 1-16 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION REVIEW PETITION (L) No. 1 OF 2016 IN PUBLIC INTEREST LITIGATION No. 75 OF 2015 Navjeevan Rahiwasi SRA REVIEW-PETITIONERS Co-operative Housing Society ...

(Orig. Resp. No. 4) In the matter between :

Shaikh Abdul Rahim ....

Petitioner Vs.

The State of Maharashtra & Ors.

.....

Respondents *** Mr. Anil Anturkar a/w Altaf Khan i/b Nilesh Acharya, for Petitioners in the review petition.

Mr. Ashutosh Kumbhakoni, Sr. Counsel a/w Vishwanath Patil & Yuvraj Patil, for the Petitioner in PIL.

Mr. J. G. Reddy, for Respondent No. 2.

Mr. G. D. Utangale i/b Utangale & Co. for Respondent No. 3. Mr. Milind More, AGP for Respondent No. 4.

Mr. Madhur Surana i/b S. G. Surana, for Respondent No. 5. *** CORAM : V. M. KANADE, ACTING CJ & Dr. SHALINI PHANSALKAR-JOSHI, J.

DATE : JANUARY 18, 2016 (at 3.00 p. m. in Court Room No. 43) PC.

1.

The grievance of the Review-Petitioners is that the 1 / 2

RPPL. 1-16 impugned order, which has been passed by this Court affects their rights since the said order was passed without giving them hearing. According to the learned senior counsel for the Review-Petitioner, the representation which is made by the original Petitioner has already been decided by this Court and by the Apex Court. 2.

Be that as it may, since there is some controversy regarding eligibility of the Review-Petitioners and the original Petitioner, it would be advisable to recall the impugned order, so that all the parties can be heard in the main PIL (L) No. 111/2015 (PIL No. 75/2015) and the appropriate orders can be passed. The impugned order is, therefore, recalled. Original PIL No. 75/2015 is restored to the file. All contentions raised by both parties in the PIL are kept open. PIL be placed before the appropriate Bench. Review-Petition is accordingly allowed and disposed of in the aforesaid terms. Sd/- Sd/- [Dr. SHALINI PHANSALKAR-JOSHI, J.] [ACTING CHIEF JUSTICE] Vinayak Halemath 2 / 2