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Bombay High CourtWP/6344/2022partly allowed

Uma Gopal More v. State Of Maha., Thr. Its Secretary, Department Of Home, Mumbai And Another

2024-06-13Hon'Ble Shri Justice Nitin W. Sambre,Hon'Ble Shri Justice Abhay J. Mantri2 pages

1 wp6344.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO. 6344 OF 2022 ( Uma Gopal More ..vs.. State of Maharashtra, through its Secretary, Department of Home, Mantralaya, 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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. O.Y. Kashid, Counsel for the petitioner, Ms. N.P. Mehta, Addl.G.P. for the respondents. CORAM : NITIN W. SAMBRE & ABHAY J. MANTRI , J J .

DATED : 13-06-2024 Heard the learned Counsel for the petitioner and the learned Additional Government Pleader for the respondents.

2.

The challenge in the petition is to the order dated 29-3-2022 passed by respondent No.2-Superintendent of Police, Akola whereby vide communication dated 29-3-2022 the said Authority has rejected the prayer for substitution.

3.

In view of the Full Bench judgment dated 28-5-2024 delivered in Writ Petition No. 3701/2022 (Kalpana wd/o Vilas Taram and another v. The State of Maharashtra and others) with connected matters, the Full Court has already held that the substitution is permissible.

2 wp6344.22 4.

In the aforesaid background, the order impugned dated 29-3-2022 is quashed and set aside.

5.

We permit the petitioner to appear before the Superintendent of Police, Akola on 24-6-2024. 6.

We direct the said Authority to reconsider the claim of the petitioner in the light of the law laid down by the Full Bench in Writ Petition No. 3701/2022 (Kalpana wd/o Vilas Taram and another v. The State of Maharashtra and others) with connected matters. 7.

As such, the petition stands partly allowed.

8.

We expect the Superintendent of Police, Akola to decide the claim of the petitioner expeditiously and in any event, within a period of eight weeks from the date of appearance of the petitioner.

(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) adgokar