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Bombay High CourtWP/1269/2018disposed offdismissed for default

Gangadhar Trimbak Zine And Others v. The State Of Maharashtra And Others

2018-02-02Hon'Ble Shri Justice S.S. Shinde,Hon'Ble Shri Justice S. M. Gavhane3 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ______________________________________________________ WRIT PETITION NO. 1269 OF 2018 GANGADHAR TRIMBAK ZINE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for petitioners : Mr. P.S. Pawar AGP for the respondent/State:Mr.C.S. Kulkarni ...

CORAM: S.S.SHINDE & S. M. GAVHANE, JJ.

Dated: February 02, 2018 ...

Heard learned counsel appearing for the petitioners and learned A.G.P.

appearing for the Respondent/State.

2.

We are not inclined to entertain this Petition at premature stage, in as much as, the exception is taken to the notice dated 12th January, 2018, and yet the petitioners have to file their reply to the said notice.

3.

It is the contention of learned counsel appearing for the petitioners that, for the same cause of action, every year the Respondents are issuing the notices to the petitioners inspite they complied with the first notice and necessary amount has been deposited.

4.

Be that as it may, since in our opinion, the Petition is at premature stage, we are not inclined to entertain the contentions raised by the petitioners on merits. However, the opportunity needs to be given to the petitioners to reply the said notice.

5.

At this stage, learned counsel appearing for the petitioners submits that, the petitioners will file reply to the notice on or before 6th February, 2018. The Respondents shall consider the reply, which will be filed by the petitioners by 6th February, 2018. The Respondents shall not take any coercive action against the petitioners till the final decision pursuant to the said notice, and one week thereafter.

6.

With the above observations, the Writ

Petition stands rejected.

7.

The parties to act upon authenticated copy of this order.

(S. M. GAVHANE, J) (S.S. SHINDE,J) SGA/