Bombay High CourtWP/354/2016withdrawn

Hemant S/O. Baliram Sahare v. State Of Maharashtra Thr Its Secretary, Rural Develop Water Conservation Dept. Mumbai And Another

2016-04-28Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice V.M. Deshpande2 pages

2804wp354.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.354/2016 Hemant s/o Baliram Sahare ...Versus...

State of Maharashtra, through its Secretary, Rural Development & Water Conservation Department, Mumbai and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.D. Zoting, Advocate for petitioner Shri A.K. Bangadkar, AGP for respondent no.1 Shri Anoop Parihar, Advocate for respondent no.2 CORAM : SMT. VASANTI A. NAIK AND V.M. DESHPANDE, JJ.

DATE : 28.04.2016 Since it is mentioned in the impugned order that the Counsel for the petitioner had restricted the submissions only for the prayer for a lesser penalty of reversion and since the petitioner has for the first time raised a plea in this writ petition that the Counsel was not so instructed, it would be necessary for the petitioner to file an appropriate application before the Tribunal for seeking a modification of the order, if at all it is proved that the Counsel was not instructed by the petitioner to make the statement to restrict the claim.

The learned Counsel for the petitioner states that the petitioner would move an appropriate application before the Maharashtra Administrative Tribunal. It is stated that the writ

2804wp354.16.odt petition could be withdrawn but the points raised in this writ petition may be kept open.

In view of the aforesaid, the writ petition stands disposed of as withdrawn. The points raised in the petition are kept open.

JUDGE JUDGE Wadkar