Sheikh Rashid Sheikh Gulab And Others v. State Of Maharashtra, Thr. Secretary, Law And Judiciary Dept., Mumbai And Others

2025:BHC-NAG:12324-DB 1 WP-690-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.690 OF 2025 [Sheikh Rashid Sheikh Gulab and others Vs. State of Maharashtra and others] Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri A.P. Sadavarte, Counsel for Petitioners. Ms M.H. Deshmukh, Assistant Government Pleader for Respondent Nos.1 and 2. Shri A.R. Sambre, Counsel for Respondent Nos.3 and 4. CORAM : ANIL S. KILOR AND RAJNISH R. VYAS , JJ.

D ATE : 18 th NOVEMBER, 2025 .

1.

Heard the learned counsel for the petitioners. According to him, the recovery could not have been made from the petitioners and consequently, the order impugned should be quashed. In order to take his contention to its logical end, he has relied upon the judgment dated 8th October, 2024 passed by this Court in Writ Petition No.2829 of 2024. We have gone through the said judgment. We find that the similar issue is raised in this petition.

2.

We therefore direct the respondents to decide the issue raised in this petition in the light of the judgment dated 8th October, 2024 passed by this Court in Writ Petition No.2829 of 2024 within a period of eight weeks from today. In case the order favourable to the petitioners is passed, then the amount recovered be refunded to the petitioners within six weeks thereafter. The decision shall be communicated to the petitioners within a period of two weeks from passing of the order. 3.

With these directions, the petition is disposed of. (RAJNISH R. VYAS, J.) (ANIL S. KILOR, J.) LANJEWAR