Mukunda Shantaram Tayade v. The District Water Conservation Officer And Others

943 n 952 wp. 10189.21 anr.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

943 WRIT PETITION NO.10189 OF 2021 MUKUNDA SHANTARAM TAYADE

VERSUS

THE DISTRICT WATER CONSERVATION OFFICER AND OTHERS ...

Advocate for Petitioner : Mr. Kishore C. Sant. Advocate for Respondent Nos.1 to 3 : Mr. Maheshkumar S. Sonwane. AGP for Respondent/State: Ms R. P. Gour.

...

AND 952 WRIT PETITION NO.10206 OF 2021 MUKUNDA SHANTARAM TAYADE

VERSUS

THE DISTRICT WATER CONSERVATION OFFICER AND OTHERS ...

Advocate for Petitioner : Mr. Kishor C. Sant. Advocate for Respondent Nos.1 to 3 : Mr. Maheshkumar S. Sonwane. AGP for Respondent/State: Ms R. P. Gour.

...

CORAM :

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

DATE :

15th September, 2021.

P.C.:

.

Mr. Sonwane, learned counsel appears for respondent Nos.1 to 3. The learned AGP appears for respondent No.4 Mr. Sant, learned counsel submits that the show cause notice is issued to the petitioners as to why the petitioners should not be blacklisted. The learned counsel submits that the show cause notice is issued solely on the ground that the petitioners have not

943 n 952 wp. 10189.21 anr.odt uploaded the scan copy of the DD pertaining to the security deposit. The learned counsel submits that the same is not necessary. The said issue is no longer res-integra in view of the judgment in the case of M/s. R. R. Sancheti Vs. State of Maharashtra and others in Writ Petition No.5244 of 2018 decided by the Nagpur Bench of this Court on 6th September, 2018.

As the impugned notice is only a show cause notice and the petitioners have opportunity to file reply to it, we are not inclined to interference at this stage. Naturally the respondents shall consider the reply filed by the petitioner and the judgment delivered by this Court and the Government decision dated 26th November, 2018 before taking the decision on the said show cause notice.

At the request of the learned counsel for petitioners, time to file reply is extended by seven days.

Both the writ petitions are disposed of. All contentions of the respective parties kept open. No costs.

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