The State Of Maharashtra Through Its Principal Secretary And Others v. Hemant Bapurao Gund And Others

2025:BHC-AUG:18408-DB 934 CA NO. 4834 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4834 OF 2025 IN WP/13000/2023 THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS

VERSUS

HEMANT BAPURAO GUND AND OTHERS ...

• Mr. V. M. Kagne, AGP for Applicants • Ms. Pradnya Talekar, Advocate i/b. M/s. Talekar and Associates for , Advocate for Respondent Nos. 1 to 95/Original Petitioners • Mr. H. P. Jadhav, Advocate for the Petitoners in WP No. 15277 & WP No. 15313 of 2023 ...

WITH WRIT PETITION NO. 13000 OF 2023 WITH WRIT PETITION NO. 15277 OF 2023 WITH WRIT PETITION NO. 15312 OF 2023 ...

CORAM

:

MANISH PITALE AND Y. G. KHOBRAGADE, JJ.

DATE : 15.07.2025 PER COURT :

1.

By this application, the applicants/original respondent Nos. 1 to 3 are seeking modification of order dated 04.11.2023 passed by this Court.

2.

The learned AGP is pressing for modification of the order to the extent that the direction to commence payment as per the pay 1/2

934 CA NO. 4834 OF 2025 scale to be calculated in terms of the interim order may be deleted, on the ground that the petition itself can be taken up for final hearing.

3.

We are of the opinion that the applicants were aware about the interim order passed way back on 04.11.2023. No effort was made to promptly file such application, and it appears that when contempt proceedings have been initiated by the original petitioners, the applicants have come forward to file the present application. 4.

Since, the interim order dated 04.11.2023 was passed after hearing the applicants/original respondent Nos. 1 to 3, we find that there is no subsequent development justifying recall/modification of the said interim order.

5.

Nonetheless, we are of the opinion that since the petition raises significant issues, it would be appropriate that the petition itself is set down for hearing at admission stage.

6.

In view of the above, the Civil Application is disposed of with a direction that the writ petition itself shall be listed for hearing on 06.08.2025 at 02:30 p.m. The learned AGP for the applicants / original respondent Nos. 1 to 3 is permitted to file additional affidavit on or before 25.07.2025. Rejoinder, if any, on behalf of original petitioners shall be filed on or before 01.08.2025. 7.

All connected petitions shall also be listed on the said date of hearing.

(Y. G. KHOBRAGADE, J.) (MANISH PITALE, J.) jhs/ 2/2