Sanjeev Bhagwanrao Kalyankar And Others v. The State Of Maharashtra And Others

1 W.P. No. 1022/2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD 30.

WRIT PETITION NO. 1022 of 2019 Sanjeev Bhagwanrao Kalyankar and others

...Petitioners

VERSUS

The State of Maharashtra and others

...Respondents

Mr. G.J. Karne, Advocate for petitioners Mr. S.B. Narwade, Asstt. Govt. Pleader for Respt.No.1/State Mr. N.S. Kadam, Advocate for respondents No. 2 to 4 C ORAM : S.V. GANGAPURWALA AND AVINASH G. GHAROTE, JJ.

DATE : 27th November, 2019 PER COURT :

1.

The learned Counsel for the petitioners submits that the petitioners are similarly situated as the petitioner in Writ Petition No. 2487 of 2017 decided on 23rd October, 2018.

2.

It is not disputed by the learned Advocate for the respondents that the petitioner in the present writ petition are similarly situated as the petitioner in Writ Petition No. 2487 of 2017. It also appears that similar communication was the subject matter of

2 W.P. No. 1022/2019 challenge in Writ Petition No. 2487/2017 3.

In the light of above, we are following the same course for the reasons recorded in the judgment dated 23rd October, 2018 in Writ Petition No. 2487 of 2017. The writ petition is allowed in terms of prayer clause (A).

4.

As the petition is allowed by us, we direct the respondentsZilla Parishad to refund the amount recovered from the petitioners, if any. The exercise of such refund be undertaken as expeditiously as possible and preferably within eight weeks from the date of the order of this Court.

( AVINASH G. GHAROTE ) ( S.V. GANGAPURWALA ) JUDGE JUDGE Madkar