Vilas S/O Pandurang Kagdelwar v. Municipal Counsil, Mul, Chandrapur Thr. Chief Officer And Others

1 38-2283-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 2283/2023 Vilas s/o Pandurang Kagdelwar Vs.

Municipal Counsil, Mul and others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. R.R. Dawda, Advocate for Petitioner Mr. V.A. Thakare, AGP for Respondent / State Ms. Kirti Satpute, Advocate for Respondent No.1 CORAM: AVINASH G. GHAROTE AND SMT. M.S. JAWALKAR, JJ.

DATED : 2nd MAY, 2024 The learned counsel for the petitioner, upon instructions, presses the petition only in respect of prayer clause "5". The statement is accepted as a statement to the Court.

2.

It is not in dispute, that condition Nos.2 and 4, of the communication dated 12.12.2008 (page 60-A), have been set aside by this Court in Ayubkhan Dildarkan Pathan and Others Vs. State of Maharashtra and Others in Writ Petition No.5355/2019, decided on 27.1.2022 (page 58), in view of which, it is declared, that the same would also equally apply to the case of the petitioner who, it is not disputed is governed by the same

2 38-2283-23.odt communication, result would be that similar conditions as contended in the order of regularization dated 12.1.2009 would also stand set aside. The petition is accordingly allowed in the above terms. No costs.

(SMT. M.S.JAWALKAR,J.) (AVINASH G. GHAROTE,J.) MP Deshpande