Vishwanath Kisan Wankhede v. The State Of Maharashtra And Others

1 21-WP-2372-2021 and Ors.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2372 OF 2021 Mahadev s/o Baliram Ghodke Mr S.K. Tambe, A.G.P. for Respondents-State WRIT PETITION NO. 2406 OF 2021 Amol s/o Santoshrao Sambhare WRIT PETITION NO. 2408 OF 2021 Sachin s/o Ashok Choudhari Mr S.K. Tambe, A.G.P. for Respondents-State

2 21-WP-2372-2021 and Ors. WRIT PETITION NO. 2409 OF 2021 Radhesham s/o Vasantrao Ghodke Mr S.G. Karlekar, A.G.P. for Respondents-State WRIT PETITION NO. 2410 OF 2021 Anil Balajirao Surywad Mr S.R. Yadav (Lonikar), A.G.P. for Respondents-State WRIT PETITION NO. 2417 OF 2021 Amol s/o Baban Sambare Mrs V.S. Choudhari, A.G.P. for Respondents-State WRIT PETITION NO. 2420 OF 2021 Amol s/o Hiralal Ghasing

3 21-WP-2372-2021 and Ors. Mr S.K. Tambe, A.G.P. for Respondents-State WRIT PETITION NO. 2448 OF 2021 Mayur s/o Pratapsing Chavaqn Mr S.K. Tambe, A.G.P. for Respondents-State WRIT PETITION NO. 2453 OF 2021 Gajanan s/o Digambar Dasarwad WRIT PETITION NO. 2653 OF 2021 Vishwanath s/o Kisan Wankhede Mr A.R.Kale, A.G.P. for Respondents-State

4 21-WP-2372-2021 and Ors. WRIT PETITION NO. 2654 OF 2021 Dipak s/o Pradeep Dungahu Mr S.G. Karlekar, A.G.P. for Respondents-State WRIT PETITION NO. 2655 OF 2021 Dipak s/o Shivdas Ghodke WRIT PETITION NO. 2656 OF 2021 Sachin s/o Sampat Wayse Mrs V.S. Choudhari, A.G.P. for Respondents-State

5 21-WP-2372-2021 and Ors. WRIT PETITION NO. 2657 OF 2021 Ravi s/o Rupchand Jadhav Mr K.N. Lokhande, A.G.P. for Respondents-State CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 8th FEBRUARY, 2021 PER COURT :

1.

The learned senior counsel for the petitioners submits that the petitioners had filed writ petition before this court. This court under order dated 19th January, 2021 directed the petitioners to avail remedy in view of the statement made by the State that the petitioners have remedy before the Joint Director and continued the interim protection granted by this court for further period of fifteen (15) days. 2.

The learned senior counsel submits that the petitioners have approached the appellate authority by filing appeals. However, the appellate authority is not passing the interim orders nor final orders are passed as yet. Hearing is scheduled in some matters on 9th February, 2021 and in some matters, hearing has taken place on 3rd February, 2021. 3.

In fact, the appellate authority ought to have passed the orders.

6 21-WP-2372-2021 and Ors. 4.

Now, as the final hearing has taken place in some matters and in some matters, the dates are fixed for hearing on 9th February, 2021, we extend the interim orders passed in favour of the petitioners in the earlier writ petitions decided under order dated 19th January, 2021 till the decision by the Joint Director in the appeal filed by the petitioners. 5.

Needless to state, upon the judgment delivered by the Joint Director, the interim orders passed by this Court shall automatically stand vacated. No further orders are required to be passed. 6.

The Writ Petitions are disposed of. No costs. [ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ] mta