Kakasaheb Ganpatrao @ Ganraj Patil And Another v. The State Of Maharashtra And Others

1018 wp.8155.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

1018 WRIT PETITION NO.8155 OF 2021 KAKASAHEB GANPATRAO @ GANRJ PATIL AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AD OTHERS ...

Advocate for Petitioners : Mr. Sanjay A. Wakure. AGP for Respondent/State: Mr. P. K. Lakhotiya. Advocate for Respondent No.4 : Mr. M. U. Shelke. ...

CORAM :

S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATE :

14th October, 2021.

PER COURT:

.

The petitioners are challenging the order dated 17th September, 2019 issued by respondent No.2 granting police protection to respondent No.4.

The affidavit filed by respondent Nos.1, 2 and 3. Paragraph 8 of the affidavit reads thus:

"8.

I say that, the respondent No. 4 deposited the amount of police protection for 5 days and considering his need 3 times i.e. on 19.09.2019, 26.11.2019 and 04.07.2020, the Police protection is already granted to respondent no. 4 for cultivation of his land, while giving police protection, one offence is also registered under section 353 of the IPC bearing crime no. 182/2020 against the persons including petitioner. As

1018 wp.8155.21.odt of now the money of remaining 2 days protection which is received is offered to respondent no. 4, thereby intimating him that, herein after protection will not be offered as present writ petition is filed before this Hon'ble Court."

The respondents have in no uncertain words stated on affidavit that hereinafter police protection will not be offered as the present writ petition is filed before this Court. There is no order of Civil Court granting injunction in favour of respondent No.4. The offence is also registered under Section 353 of the Indian Penal Code bearing Crime No.182 of 2020 against the persons including the petitioners. As the statement has been made that hereinafter police protection will not be offered, we disposed of the writ petition. However, if in further such act is repeated, it will be open for the petitioners to assail it.

The writ petition is disposed of. No costs.

[ R. N. LADDHA, J. ] [ S. V. GANGAPURWALA, J. ] nga