Meerabai Gokul Mahajan And Another v. The State Of Maharashtra Through Its Secretary And Others

(1) 36-37

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.3489 OF 2023 MEERABAI GOKUL MAHAJAN AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND WRIT PETITION NO.3490 OF 2023 HARISHCHANDRA NARSO WAGHULDE AND OTHERS

VERSUS

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

Mr. V. D. Hon i/by Mr. A. D. Shinde, Advocate for the Petitioners. Mr. P. K. Lakhotiya and Mr. S. B. Yawalkar, AGPs for Respondents-State.

...

CORAM : NITIN W. SAMBRE AND S. G. CHAPALGAONKAR, JJ.

DATE : 27th MARCH, 2023.

P.C:- 1.

We have heard Mr. Hon, learned senior counsel in the wake of the relief claimed in the petition and pleadings as reflected in paragraph nos.14 and 28.

2.

The fact remains that this is a third round of litigation in the matter. The petitioner initially had approached this Court, wherein this Court has granted relief on 31st January, 2023 thereby directing the parties to maintain status quo in respect of possession. Similarly, since the appeals were not decided, the

(2) 36-37 petitioners again came before this Court and vide order dated 23rd February, 2023, the learned Single Judge has expedited the hearing of the pending appeals of the petitioners. 3.

In view of the fact that already status quo is in operation and having regard to the allegation of malafides, we deem it appropriate to dispose of the present writ petitions without issuing notice to respondent nos.5 and 7E as the interim protection is ordered for limited period which is not detrimental to the interest of the said respondents.

4.

We hereby direct respondent nos.1 to 4 to maintain status quo as on the date of passing of the final order for a period of two weeks from the date such order is physically served on the petitioners.

5.

Writ Petitions stand disposed of.

(S. G. CHAPALGAONKAR) (NITIN W. SAMBRE) JUDGE JUDGE Devendra/March-2023