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Bombay High CourtNMW/127/2016disposed off

Milind Kashinathrao Dongre v. The State Of Maharashtra And 2 ORS

2024-04-18Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Shri Justice Jitendra Shantilal Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (LODGING) NO.28872 OF 2021 Milind Kashinathrao Dongre .. Petitioner-Applicant Vs.

The State of Maharashtra and Ors.

.. Respondents ALONG WITH NOTICE OF MOTION NO.127 OF 2016 IN WRIT PETITION (LODGING) NO.2849 OF 2015 Milind Kashinathrao Dongre .. Petitioner-Applicant Vs.

The State of Maharashtra and Ors.

.. Respondents Mr. Rajendra V. Kamble, Advocate for the Petitioner-Applicant. Mr. Mohit Jadhav, Addl. G.P. for the Respondent-State of Maharashtra. Mr. Aumkar Joshi, Advocate for Respondent No.3. CORAM : A.S. CHANDURKAR & JITENDRA JAIN, JJ DATE : 18TH APRIL, 2024.

P.C. :

1.

The petitioner had filed Writ Petition (Lodging) No.2849 of 2015 seeking a direction to receive benefits in accordance with the Government Resolution dated 30th March 2012. This writ petition came to be rejected under Rule 986 of the Original Side Rules as the office objections were not removed.

2.

To seek restoration of Writ Petition (Lodging) No.2849 of 2015, the petitioner has filed Notice of Motion No.127 of 2016. When this Notice of Motion was pending, the petitioner has filed another Writ Petition with Lodging No.22872 of 2021 making identical prayers as made in the earlier writ petition.

Digitally signed by SNEHA ABHAY DIXIT Date:

2024.04.18 16:22:23 +0530 1/2 SNEHA ABHAY DIXIT 19-WP(L)-28872-2021 & NMW-127-2016.doc Dixit

3.

Considering the reasons assigned by the petitioner in Notice of Motion No.127 of 2016, the same is allowed. Writ Petition (Lodging) No.2849 of 2015 is restored subject to the office objections being removed within a period of four weeks from today. Notice of Motion is disposed of. 4.

After the office objections are removed within a period of four weeks, the learned counsel for the petitioner to serve a copy of Writ Petition (Lodging) No.2849 of 2015 on the learned AGP appearing for respondent nos.1 and 2 as well as the learned counsel appearing for respondent no.3.

5.

In view of restoration of the earlier proceedings, the writ petition filed subsequently being Writ Petition (Lodging) No.28872 of 2021 is not required to be entertained in view of similarity of reliefs sought in the proceedings. Hence, this writ petition is disposed of. [ JITENDRA JAIN, J. ] [ A.S. CHANDURKAR, J. ] 2/2 19-WP(L)-28872-2021 & NMW-127-2016.doc Dixit