Jamir Rafik Tamboli v. State Of Maharashtra Through The Secretary And Another

2024:BHC-AUG:27664-DB 1 59.WP-12764-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12764 OF 2024 JAMIR RAFIK TAMBOLI

VERSUS

STATE OF MAHARASHTRA THROUGH THE SECRETARY AND ANOTHER ...

Advocate for the Petitioner : Mr. Kulkarni Ashutosh S. AGP for Respondents/State : Mr. N.S. Tekale Advocate for Respondent No.2 : Mr. N.E. Deshmukh ...

CORAM : S. G. MEHARE AND SHAILESH P. BRAHME, JJ.

DATE : 25th NOVEMBER 2024 PER COURT :

.

Heard the learned Counsel for the petitioner. 2.

Issue notice to the respondents. Learned AGP waives service of notice for respondent no.1. Learned Counsel Mr. Deshmukh waives service for respondent no.2.

3.

A small issue involved in the matter is, the petitioner has received show cause notice from respondent no.2. Hence he applied to supply him the documents by way of application dated 15.10.2024. However, respondent no.2 did not take a decision on his application. The statement has been made that without providing any document and without giving an opportunity of hearing, respondent no.2 has closed the main application for order.

2 59.WP-12764-2024.doc 4.

Learned Counsel for the respondent no.2 makes a statement that respondent no.2 would not decide the main application immediately and would provide the documents except the documents which may otherwise possible to be collected. Learned Counsel for the petitioner restricts his claim for the documents at Serial Nos.4, 5 and 9 in the application dated 15.10.2024.

5.

In view thereof, the petition is allowed by directing the respondent no.2 to provide the documents if those are filed with the main application at Serial Nos.4, 5 and 9 mentioned in the application dated 15.10.2024, if it is the part of the record. [ SHAILESH P. BRAHME, J.] [ S. G. MEHARE, J.] Najeeb..