Manoj Madanlal Chhajed v. The State Of Maharashtra Principal Secretary And Others

2024:BHC-AUG:6296 11-CA-3025-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3025 OF 2024 IN WP/661/2024 MANOJ MADANLAL CHHAJED

VERSUS

THE STATE OF MAHARASHTRA PRINCIPAL SECRETARY AND OTHERS ...

Advocate for Applicant : Mr. Amol Karbhari Gawali AGP for Respondents No.1 to 3 : Ms. A. S. Mantri Advocate for Respondent No.6 : Mr. A. C. Darandale holding for Mr. R. L. Kute ...

WITH WRIT PETITION NO. 661 OF 2024 ...

CORAM : S. G. MEHARE, J.

DATE : 20-03-2024 PER COURT :- 1.

Heard learned counsel for the applicant, the learned counsel for respondents No.6 and 7, and learned A.G.P. for respondents No.1 to 3.

2.

The learned counsel for the applicant learnt that respondents No.5(A) and 5(E) are died.

3.

The knowledge of death is sufÏcient. It is the duty of the party concerned to bring the legal heirs of the deceased. Therefore, his prayer to direct the learned counsel for respondents No.5(A) and 5(E) to provide their death certificates and the names of their legal heirs of the deceased cannot be allowed. However, prayer clause (B) and (C) may be allowed.

11-CA-3025-24.odt 4.

The petitioner is allowed to delete the name of respondents No.8 to 12-D-5 and serve the notice upon respondent No.4/B/2 and respondent No.7F by publishing an advertisement in the local newspaper as mentioned in the application.

5.

In view of the above, the application is partly allowed. 6.

List the petition on 02.05.2024.

7.

Interim relief to continue then.

( S. G. MEHARE ) JUDGE rrd Signed by: Rajesh Rameshrao Davane Designation: PA To Honourable Judge Date: 21/03/2024 15:50:07