Varsha Prabhatao Surewad v. The State Of Maharashtra And Others

1 wp 12899.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1066 WRIT PETITION NO. 12899 OF 2019 VARSHA PRABHATAO SUREWAD

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Vibhute Sunil M. AGP for Respondents No. 1 & 2 :

Mrs. V. S. Chaudhary Advocate for Respondents No. 3 & 4 :

Mr. S. S. Bora ...

CORAM:S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATE: 06th MARCH, 2020 PER COURT:

1.

The validation proceeding is pending.

2.

In writ petition filed by the petitioner earlier bearing Writ Petition No. 6606 of 2018 this Court had directed the committee to decide the proceeding within six (06) months. We had also further directed that, till, the proceeding is decided, the respondents shall not take adverse action against the petitioner only on the ground that validation proceeding is pending.

2 wp 12899.19 3.

We have heard Mr. Bora, learned counsel for respondents no. 3 and 4.

4.

In fact, respondents no. 3 and 4 ought not to take adverse action on the ground of pendency of validation proceeding till the validation proceeding is decided. That was the order passed by us on 03.04.2019 in Writ Petition No. 6606 of 2018.

5.

In light of that, the impugned communication is quashed and set aside.

6.

The respondents shall not take adverse action against the petitioner only on the ground that validation proceeding is pending. The respondents may take further course of action depending upon the judgment that will be delivered by the committee in the validation proceeding.

7.

Writ Petition is accordingly disposed of. No costs.

[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.] marathe