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Bombay High CourtWP/13560/2019disposed off

Digambar Munjaji Bhaske And Others v. The State Of Maharashtra And Others

2022-05-04Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice S. G. Dige7 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.14632 OF 2021 BALAJI MANIKRAO BIRADAR Mr.S.K. Mathpati, advocate for the petitioner. Mrs.R.P. Gaur, AGP for respondent/State.

WRIT PETITION NO.5630 OF 2021 BALIRAM CHANGDEO BHOSALE AND OTHERS Mr.P.K. Lakhotiya, AGP for respondent nos.1, 2, 5 & 6. WRIT PETITION NO.9464 OF 2021 BHAGWAN KISAN SHELKE AND OTHERS Mr.S.G. Sangle, AGP for respondent nos.1 and 2. WRIT PETITION NO.9465 OF 2021 RAJANI ANANT DEHADE AND OTHERS Mr.P.S. Patil, Addl. GP for respondent nos.1, 2, 4 and 5.

2 WP 14632-2021.odt WRIT PETITION NO.9466 OF 2021 SHRISHAILYA KALYANRAO PATIL Mr.S.K. Mathpati, advocate for the petitioner. Mrs.M.A. Deshpande, AGP for respondent nos.1, 2 and 4. WRIT PETITION NO.9467 OF 2021 DHONDU HACHU PAWAR AND OTHERS Mr.P.K. Lakhotiya, AGP for respondent nos.1 and 2. Mr.S.S. Tope, advocate for respondent nos.3, 4 and 5 WRIT PETITION NO.9468 OF 2021 NARAYAN KRISHNAJI DHUMAL Mr.S.K. Mathpati, advocate for the petitioner. Mr.S.R. Yadav, AGP for respondent nos.1 and 2. Mr.U.B. Bondar, advocate for respondent nos.3 to 5. WRIT PETITION NO.9469 OF 2021 SUNANDA RAJARAM SHINDE Mr.S.K. Mathpati, advocate for the petitioner. Mrs.R.P. Gaur, AGP for respondents.

3 WP 14632-2021.odt WRIT PETITION NO.9470 OF 2021 PRAMOD NARAYANRAO DASARE AND OTHERS Mr.S.G. Sangle, AGP for respondent nos.1 to 4. WRIT PETITION NO.9505 OF 2021 MAHADEO SAKHARAM DABHADE AND OTHERS Mr.P.S. Patil, Addl. GP for respondent nos.1 and 2. Mr.P.D. Suryawanshi, advocate for respondent nos.3 to 5. WRIT PETITION NO.13560 OF 2019 DIGAMBAR MUNJAJI BHASKE AND OTHERS Mr.S.N. Janakwade, advocate for the petitioners. Mrs.R.P. Gaur, AGP for respondent nos.1 to 3. WRIT PETITION NO.11669 OF 2019 RAJENDRA GURUPPA HULSURE Mr.P.B. Rakhunde, advocate for the petitioner. Mr.P.S. Patil, Addl. GP for respondent no.1.

Mr.S.D. Dhongade, advocate for respondent nos.4 and 5

4 WP 14632-2021.odt WRIT PETITION NO.15162 OF 2019 MANIK LINGRAM HARIDAS Mr.P.B. Rakhunde, advocate for the petitioner. Mr.S.R. Yadav, AGP for respondent no.1.

Mr.S.B. Patil, advocate for respondent no.5.

WRIT PETITION NO.3147 OF 2021 GANESHRAO SHANKARRAO SHINDE AND OTHERS Mrs.R.P. Gaur, AGP for respondent nos.1 and 2. Mr.V.S. Panpatte, advocate for respondent no.3. WRIT PETITION NO.7483 OF 2021 SHRIRAM DEVIDAS JOSHI Mr.P.A. Pisal, advocate for the petitioner.

Mr.P.K. Lakhotiya, AGP for respondent nos.1 to 3. WRIT PETITION NO.7508 OF 2021 PRAKASH DHONDU WANI Mr.P.A. Pisal, advocate for the petitioner.

Mrs.M.A. Deshpande, AGP for respondent nos.1 to 3.

5 WP 14632-2021.odt WRIT PETITION NO.7509 OF 2021 SURESH BALIRAM GOLAHIT Mr.P.A. Pisal, advocate for the petitioner.

Mr.P.S. Patil, Addl. GP for respondent nos.1 to 3. WRIT PETITION NO.8435 OF 2021 WITH WP/8461/2021 WITH WP/8462/2021 WITH WP/8488/2021 WITH WP/8494/2021 BABAN RAGHUNATH ADIK Mr.P.A. Pisal, advocate for the petitioners.

Mr.S.R. Yadav, AGP for respondent nos.1 to 3. Mr.P.S. Paranjape, advocate for respondent no.4 WRIT PETITION NO.9996 OF 2021 DEEPAK DODHU NARKHEDE Mr.P.A. Pisal, advocate for the petitioner.

Mrs.R.P. Gaur, AGP for respondent nos.1 to 3. WRIT PETITION NO.9998 OF 2021 REJENDRA BHATU PATIL Mr.P.A. Pisal, advocate for the petitioner.

Mrs.M.A. Deshpande, AGP for respondent nos.1 to 3.

6 WP 14632-2021.odt WRIT PETITION NO.13208 OF 2019 SHIVAJI RAMRAO TIDKE DIED THROUGH L.RS.

SMT. VIJAYA SHIVAJI TIDKE AND OTHERS Mrs.S.S. Dhongade Upadhyaya, advocate for the petitioners. Mr.P.K. Lakhotiya, AGP for respondent nos.1 to 11. WRIT PETITION NO.13205 OF 2019 NARENDRA PANDHARINATH BORSE Mrs.S.S. Dhongade Upadhyaya, advocate for the petitioner. Mr.P.K. Lakhotiya, AGP for respondent nos.1 to 3. WRIT PETITION NO.11550 OF 2021 ASARAM NIVRUTTIRAO ADHAPURE AND OTHERS Mrs.S.S. Dhongade Upadhyaya, advocate for the petitioners. Mr.P.K. Lakhotiya, AGP for respondent nos.1 and 2. Mr.S.B. Mene, advocate for respondent nos.3 and 4 CORAM :

RAVINDRA V. GHUGE & ANIL L. PANSARE, JJ.

DATED : 19th JULY, 2022.

PER COURT:- 1.

This is a motion for speaking to the minutes of the order dated 04.05.2022, more specifically to the extent of paragraph No. 12. It is pointed out that in paragraph No. 12, the three years preceding the

7 WP 14632-2021.odt dates of the filing of the writ petition, is wrongly typed as 'preceding the dates of their superannuation'.

2.

In view of the above, this motion is allowed. Paragraph No. 12 in the common judgment dated 04.05.2022 shall read as under :- "12.

Considering these aspects, we are of the view that the arrears of such benefits as granted by us in paragraph 9 hereinabove, could be restricted for a reasonable period. As such, these petitioners would be entitled for the arrears of such benefits for a period of three years preceding the dates of the filing of the petitions or as per actuals, which ever is less. We direct the payment of such arrears accordingly and expect such payment to be made to these petitioners, on or before 30/08/2022."

3.

Corrected copy of the order be uploaded.

( ANIL L. PANSARE ) ( RAVINDRA V. GHUGE ) JUDGE JUDGE P.S.B.