Yash Engineers Through Its Sole Proprietor Laxmikanth Manohar Kapsikar v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4841 OF 2022 YASH ENGINEERS THROUGH ITS SOLE PROPRIETOR LAXMIKANTH MANOHAR KAPSIKAR ..PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS ...

Mr. Jiwan J. Patil, Advocate for the Petitioner. Mr. S. K. Tambe, AGP for Respondents-State.

...

CORAM : RAVINDRA V. GHUGE AND ANIL L. PANSARE, JJ.

DATED : 23rd JUNE, 2022.

PER COURT:- 1.

We have briefly heard the learned counsel for the petitioner and the learned A.G.P. on behalf of respondent nos.1 and 2.

2.

The petitioner was before us earlier in Writ Petition No.530/2021. This Court (Coram: S. V. Gangapurwala and Shrikant D. Kulkarni, JJ.) passed an order on 14.01.2021 as under:

"1. The learned counsel for the petitioner, on instructions, seeks leave to withdraw the writ petition with liberty to the petitioner to avail the remedy provided under the statute.

(2) 2.

Writ Petition is disposed of with the liberty as aforesaid. No costs."

3.

Pursuant to the above, the petitioner moved an application on 27.01.2021 before respondent no.2. The hearing on the said application was concluded and the file was closed for passing orders on 29.06.2021. The learned Advocate makes a grievance that the order is yet to be delivered.

4.

The learned Advocate for the petitioner submits that the same District Collector who heard the matter and has reserved the same for passing orders on 29.06.2021, continues to be the incumbent Collector and he can, therefore, pass appropriate orders.

5.

The learned A.G.P. for respondent nos.1 and 2 submits on instructions from the Collector that he would deliver an order within two weeks. 6.

In view of the above, this petition is disposed off. We expect respondent no.2 District

(3) Collector, Jalgaon to pass the order on the application of the petitioner dated 27.01.2021, as expeditiously as possible and in any case on or before 08.07.2022.

7.

Needless to state, if the petitioner is aggrieved by the order of the District Collector, he would be at liberty to avail of the statutory remedy as would be permissible in law and all contentions with regard to the said order as well as subsequent events, which have not been considered while disposing off this petition, are kept open.

(ANIL L. PANSARE) (RAVINDRA V. GHUGE) JUDGE JUDGE Devendra/June-2022