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Bombay High CourtWP/2864/2018

Mohanlal Jivabhai Gohil v. State Of Maharashtra And 4 ORS.

2018-09-05Hon'Ble Shri Justice A. K. Menon2 pages

Trupti 907-WPL-202-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 202 OF 2018 Mohanlal Jivabhai Gohil

...Petitioner

Versus

State of Maharashtra & Ors.

...Respondents

......

Mr.Girish Godbole a/w. Mr.S.Kanetkar i/b. Ms. Mahesh Jani and Co. for the Petitioner.

Ms.Geeta Shastri, AGP for Respondent Nos. 1 to 4. Mr.S.K.Nair a/w. Ms.Reshma Kurle for Respondent No. 5. ......

CORAM:

A.K. MENON, J.

DATE :

5th September, 2018 P.C.:

1.

Learned counsel for the petitioner states that he has instructions to withdraw the petition since the petitioner intending to file an appeal before the Commissioner, Konkan Division. He further states that the appeal will be filed within a period of three weeks from today and submits that the ad-interim protection granted on 16th April, 2018 be continued with liberty to apply for continuation, pending disposal of the appeal if any filed before the Commissioner 2.

In the circumstances, I pass the following order, subject to filing of the appeal as aforesaid.

1 / 2

Trupti 907-WPL-202-18.doc i) In the event, if appeal is filed, shall be decided within a period of eight weeks from the date of filing. In the event there is delay in filing the appeal, the Commissioner shall take into consideration the period of time consumed in pursuing this petition.

ii) Ad-interim protection granted on 16th April, 2018 shall continue for a period of three weeks in order to enable the petitioner to apply for continuation of protection before the Divisional Commissioner.

iii) It is made clear that this court has not examined the merits of the petitioner's case.

iv) Writ Petition stands disposed in the above terms. (A.K.MENON, J.) 2 / 2