Maya Prakas Kharangule 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.

934. WRIT PETITION NO. 11947 OF 2018 MAYA PRAKAS KHARANGULE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr. A.A. Nimbalkar, Advocate for petitioners Mr. A.R. Kale, Asstt. Govt. Pleader for respondents No. 1 & 2 Mr. V.M. Chate, Advocate for respondent No.3 Mr. Shoyab Shaikh, Advocate for respondents No.4 & 5 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the petition, some of the petitioners have been given benefit of the orders recalling the cancellation of approval and withdrawn, whereas, some of the petitioners were not of that fortune.

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(Handicap), submits that the respondents would reconsider the case of those petitioners, whose impugned orders are not withdrawn.

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

The gamut of the petitioners' 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 Some of the petitioners have been given benefit and the impugned orders are withdrawn against them and other petitioners are also required to be given same treatment and the benefit.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 petition is 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. 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