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Bombay High CourtWP/10500/2015disposed offdismissed for default

Shivdarshan Vishwanath Lade And Others v. The State Of Maharashtra And Others

2015-10-21Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

WP-10500.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

WRIT PETITION NO. 10500 OF 2015 Shivdarshan s/o Vishwanath Lade and ors.

.. Petitioners vs The State of Maharashtra and others .. Respondents ----- Mr. V. G. Sakolkar,Advocate for petitioners Mr. S. N. Kendre, Asstt. Govt. Pleader for respondents no. 1 to 4 Mr. S. B. Talekar, Advocate for respondent no. 5 CORAM :

SUNIL P. DESHMUKH, J.

21ST OCTOBER, 2015 ORDER:

1.

Petitioners, purportedly aggrieved by order dated 10-09-2015 passed by respondent no.1, are before this court. 2.

According to learned counsel for the petitioners said order has been passed without hearing the petitioners and straightaway interim relief has been granted. No notice of the proceedings had ever been received at the end of the petitioners. He, therefore, contends that the order is in stark breach of noble principles of natural justice. 3.

The contention of the counsel for other side is that the order impugned is of interim nature and grievance, if any, of the petitioners can be taken care of if they make an approach to the

WP-10500.15 authority. It is not necessary to pass any order in the writ petition, under the circumstances.

4.

Apparently, order is of interim nature. In such a case, the authority concerned may pass an appropriate order after hearing the parties concerned.

5.

In view of the above, parties hereto to approach respondent no. 1 for the purpose of hearing on the application for interim relief filed by respondent no.5. For said purpose, parties shall appear before respondent no.1 on 30-10-2015 and thereafter they shall abide by schedule as may be fixed by the authority for hearing on application for interim relief. 6.

With aforesaid, writ petition stands disposed of. SUNIL P. DESHMUKH, J.

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