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Bombay High CourtWP/1994/2024disposed off

Rustum Narayan Harne And Others v. The State Of Maharashtra Through The Secretary And Others

2024-02-28Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice R. M. Joshi2 pages

2024:BHC-AUG:4543-DB 1994.24wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 925 WRIT PETITION NO. 1994 OF 2024 RUSTUM NARAYAN HARNE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS ....

Mr K. F. Shingare, Advocate for Petitioners;

Mr S. K. Tambe, A.G.P. for Respondent Nos.1 to 3 CORAM : RAVINDRA V. GHUGE AND R. M. JOSHI, JJ.

DATE : 28th February, 2024 PER COURT:

1.

A judgment in Regular Civil Suit No.718/2019, dated 10/10/2019, is the foundation for passing of the impugned order granting police protection, by Respondent No.2/Administrative Officer, office of the Police Commissioner, Chhatrapati Sambhajinagar. The original plaintiff has deposited Rs.26,529/- for the said purpose.

2.

The learned Advocate for the Petitioners submits that, the Petitioners/Original Defendants have preferred Misc. Appeal before the Appellate Court on 03/01/2024 and have prayed for staying of the order passed by the Trial Court.

1994.24wp (2) 3.

In view of the above, since there is a judgment, on the basis of which the impugned order is passed, and as these Petitioners have assailed the said judgment, they are at liberty to approach the Appellate Court for seeking orders. This Writ Petition need not be entertained and the same is, therefore, dismissed.

(R. M. JOSHI, J.) (RAVINDRA V. GHUGE, J.) sjk Signed by: Sachin J Kulkarni Designation: PA To Honourable Judge Date: 04/03/2024 19:22:19