Bagban Managing Committee Sabzi Mandi Pathin Gate Aurangabad v. The State Of Maharashtra And ANR

Cr.WP 1147/15 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1147/2015 Bagban Managing Committee, Sabzi Mandi, Paithan Gate, Aurangabad. Through its President Shaikh Musa s/o Shaikh Abdul Rahman Bagban, aged 54 yrs., occu.business r/o Samta Nagar, Aurangabad.

...Petitioner..

Versus

The State of Maharashtra & another.

...Respondents...

.....

Smt.Fatema Kazi, Advocate h/f Shri S.S. Kazi, Advocate for petitioner.

Shri B.L. Dhas, APP for respondents.

.....

CORAM: A.B. CHAUDHARI & INDIRA K. JAIN, JJ.

DATE: 03.09.2015 ORDER :

1] Heard learned counsel for the rival parties.

2] Learned APP has shown the order passed by the Commissioner of Police u/s 39 of the Bombay Police Act. The copy of said order appears not to have been served on the petitioner and, therefore, there is no occasion for

Cr.WP 1147/15 - 2 - the petitioner to raise a challenge to the said order. 3] Be that as it may. We dispose of the present writ petition with liberty in favour of the petitioner to challenge the said order if so advised in accordance with law. No relief for the present can be worked out in favour of the petitioner. The petition is disposed of accordingly.

(INDIRA K. JAIN, J.) (A.B. CHAUDHARI, J.) ndk/cr39156.doc