Laharilal Khimraj Jain v. State Of Maharashtra And 3 ORS

9-WPL-3179-2017.DOC Jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 3179 OF 2017 Laharilal Khimraj Jain ... Petitioner

Versus

State of Maharashtra & Ors.

... Respondent Mr. Vinod Sangvikar and Mr. Tushar Kochale for the Petitioner. Mr. A.Y. Sakhare, Senior Counsel and Mr. J.S. Zavier and Ms. K.H. Mastakar for Respondent - BMC.

Mr. Rajiv Mane, AGP for Respondent - State.

CORAM:

A.S. OKA AND RIYAZ I. CHAGLA, JJ.

DATE:

20TH JULY, 2018.

PC:- 1.

After having heard the learned counsel appearing for the parties, we find that facts of this case are similar to the facts of the case in Writ Petition (L) No. 3171 of 2017 and other connected matters which are disposed of today by separate judgment and order. For reasons recorded in the judgment and order in Writ Petition (L) No. 3171 of 2017 and other connected matters, this Writ Petition is also disposed of by passing the following order:- (i) We direct the Respondent Nos. 2 and 3 to consider the case of the Petitioner on the basis of contentions raised in the Petition and the documents annexed to the Petition and to take a decision on offering a proper 1/2

9-WPL-3179-2017.DOC rehabilitation package to the Petitioner. Such decision shall be taken within six weeks from the date on which this order and judgment is uploaded;

(ii) We make it clear that on the failure of the said Respondent to take appropriate decision or on their failure to offer proper rehabilitation package to the Petitioner, it will be open for the Petitioner to file a fresh Petition claiming the reliefs which are claimed in these Writ Petitions;

(iii) The Writ Petition is disposed of on above terms. (iv) All concerned to act on an authenticated copy of this order and judgment.

( RIYAZ I. CHAGLA J. ) ( A.S. OKA, J ) 2/2