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Bombay High CourtWP/12212/2015admittedallowedgrantedrule absolute

Samarpan Foundation Through Its Founder President Karansinha Bhausaheb Ghule v. The State Of Maharashtra And Others

2016-04-05Hon'Ble Shri Justice A.V. Nirgude,Hon'Ble Shri Justice V.L. Achliya2 pages

sgp 1 WP11995.2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD WRIT PETITION NO. 11995 OF 2015 Deepak S/o. Marotirao Gaikwad & Ors.

Petitioners..

VERSUS

The State of Maharashtra & Anr.

Respondents..

........

Mr V. D. Sapkal, Advocate for the petitioners Mr V. H. Dighe, AGP for respondent/State ..........

WITH WRIT PETITION NO. 12212 OF 2015 Samarpan Foundation Petitioner..

VERSUS

The State of Maharashtra & Anr.

Respondents..

........

Mr V. J. Dixit, Advocate i/b Mr Vijay V. Deshmukh, Advocate for the petitioners Mr V. H. Dighe, AGP for respondent/State Mr Shivaji T. Shelke, Advocate for respondent No. 4 ..........

CORAM :

A. V. NIRGUDE & V. L. ACHLIYA, JJ.

DATE : 5TH APRIL, 2016.

sgp 2 WP11995.2015.odt PER COURT:

.

Learned counsel for the respective parties including the learned Senior Counsel - Shri. Dixit admitted that, the issue involved in both the petitions is squarely covered by a recent judgment of Division Bench of this Court in Writ Petition No. 7061 of 2015. The ratio laid down in this petition would squarely applicable to the facts of these cases. In both the cases, notification was not published in a newspaper that is one of the reasons why the Court set aside the impugned notifications. We are also following the judgment of the Division Bench of this Court in Writ Petition No. 7061 of 2015. We, therefore, allow these petitions as follows.

2.

Writ Petition No. 11995 of 2015 is allowed in terms of prayer clauses B, C, D, E and F of the petition. 3.

Writ Petition No. 12212 of 2015 is allowed in terms of prayer clauses A, B, C and D of the petition. [ V. L. ACHLIYA, J. ] [ A. V. NIRGUDE, J. ]