Manish Sudhakarrao Sakale v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11511 OF 2016 MANISH SUDHAKARRAO SAKALE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Advocate for Petitioner : Shri P.N. Kalani.

AGP for Respondent Nos. 1 & 4 : Shri N.T. Bhagat. Advocate for Respondent No. 2 : Shri V.V. Bhavthankar. Advocate for Respondent No. 3 : Mrs. M.A. Kulkarni. CORAM : RAVINDRA V. GHUGE, J.

Dated : 11 th July, 2017 PER COURT :

1.

Leave to add Additional Commissioner, Aurangabad as respondent No. 4. Addition be carried out forthwith. Learned AGP waives service for respondent No. 4.

2.

The petitioner is aggrieved by an interlocutory order dated 22/04/2016, passed by the Additional Commissioner, Aurangabad / added respondent No. 4.

3.

It is the contention of the petitioner that the proceedings before respondent No. 4 are not maintainable. Mrs. Kulkarni,

learned advocate for respondent No. 3 submits that the proceedings are maintainable. Respondent No. 2 submits that the pending proceedings could be considered on their own merits by respondent No. 4.

4.

Considering the above and the fact that an interlocutory order has been challenged, this petition is disposed of without interfering in the said order. All the litigating parties shall maintain status quo with regard to the subject matter before respondent No. 4 and shall not create any third party interest. 5.

All the litigating sides are agreeable to appear before respondent No. 4 on 02/08/2017, at 3.00 p.m. and shall abide by the further dates of hearing, on which the matter is posted. Respondent No. 4 shall endeavor to decide the said proceedings as expeditiously as possible and preferably on / or before 30/11/2017. All contentions of the litigating sides are kept open.

( RAVINDRA V. GHUGE, J. ) S.P.C.