Vijaykumar Dadasaheb Zanje And Others v. The State Of Maharashtra And Others

1 W.P. No. 11947/2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

935. WRIT PETITION NO. 11990 OF 2018 WITH WP/11372/2018 WITH WP/11738/2018 WITH WP/12033/2018 WITH WP/12169/2018 WITH WP/12211/2018 WITH WP/12227/2018 WITH WP/12231/2018 JGANNATH SHAMRAO CHAVAN AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr. A.B. Chalak, Adv. for petitioners in WP. No. 11990/2018 & 12033/2018, Mr. A.S. Sawant, Adv. for petitioners in WP No. 11372/2018, Mr. A.A. Nimbalkar, Adv. for petitioners in WP No. 11738/2018, 12169/2018 & 12211/2018, Mr. A.S. Kadam, Adv. for petitioners in WP No.12227 & 12231/2018 Mr. A.R. Kale, Asstt.Govt.Pleader for Respts.No.1& 2 in all petitions. Mr. V.M. Chate, Adv. for Respt. No.3 in all petitions. Mr. P.A. Bhosale, Adv. for Respts. No.4 to 6 in WP 11990/2018, Mr. A.S. Lomte, Adv. for Respts. No.5 & 6 in WP 11372/2018. Mr. S.S. Dambe, Adv. for Respt. No. 14 in WP 11738/2018 & Respt. No. 4 in WP No. 12033/2018, Mr. Shaikh Shoyab, Adv. for Respts. No. 4 to 7, 10 to 13 & 15 in WP. No. 11738/2018 CORAM : S. V. GANGAPURWALA AND A. M. DHAVALE, J J.

DATE : 25th APRIL, 2019 ORDER:

1.

During the pendency of the petition, some of the

2 W.P. No. 11947/2018 petitioners have been given benefit of the orders recalling the cancellation of approval, whereas, some of the petitioners were not that fortunate.

2.

Mr. Kale, learned Asstt. Govt. Pleader, on instructions of one Mr. Nitin Dhage, Deputy Commissioner (Handicap), submits that the respondents would reconsider the case of those petitioners, whose impugned orders are not withdrawn.

3.

The gamut of the petitioner's case is that all the petitioners are similarly situated. Some of the petitioners have been given benefit and the impugned orders are withdrawn against them and other petitioners are also required to be given same treatment and the benefit.

4.

Considering the fact that some of the petitioners are beneficiaries of the subsequent order of the respondent-authorities and that the respondent-authorities are inclined to reconsider case of the petitioners, the writ petitions are disposed of with direction that the respondent-authorities shall reconsider the case of the petitioners with regard to impugned order and same shall be done within a period of two months.

5.

All contentions of respective parties are kept open.

3 W.P. No. 11947/2018 6.

Interim order granted by this Court shall continue till the decision is taken by the respondent-authorities. ( A. M. DHAVALE ) ( S. V. GANGAPURWALA ) JUDGE JUDGE Madkar