Prakash Waman Wahurwagh (In Jail) v. Deputy Inspector General Of Prison Eastern Region Nagpur And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR Criminal Writ Petition No. 756 of 2018 Petitioner :

M/s. Database Collection And Advertising Pvt. Ltd., (A Company incorporated under the Companies Act, 1956), having its Registered Office at C-3, Varad Apartments, Samarth Nagar, Aurangabad, through its Director, Ravi Shivprasad Zanwar, aged about 45 years, Occ: Business, resident of 23, Mahalaxmi Nagar, Jalna versus Respondents :

1) The State of Maharashtra, through its Secretary, Department of Home, Mantralaya, Mumbai

2) The Superintendent of Police, Office of the Superintendent of Police, Buldhana

3) The Police Inspector, Police Station, Deulgaon Raja, District Buldhana ---- Applicants :

1) Haribhau Balaji Malode, aged about 82 years,

2) Laxman Balaji Malode, aged about 80 years,

3) Rambhau Balaji Malode, agee about 75 years All residents of Deulgaon Raja, Dist. Buldhana Shri. D. R. Jethliya, Advocate for petitioner Shri. A. V. Palshikar, APP for respondents Shri. Nihalsingh B. Rathod, Advocate for applicants

Coram :

Sunil B. Shukre & Smt. Pushpa V. Ganediwala, JJ.

Dated :

8th April 2019 P.C.

1.

Learned counsel for the petitioner, on instructions, seeks leave of the Court to withdraw the petition. Grant of leave is opposed by learned counsel for the applicant and learned APP submits that appropriate order may be passed. 2.

Firstly, the proposed interveners would have no right to oppose the prayer for withdrawal and secondly, if at all they have any right against the petitioners, they would have to resort to such other remedy as may be available to them in law. However, we have given audience to the counsel for applicants in order to enable us to pass appropriate order in the matter.

3.

We find that reply of the prosecution needs to be taken into consideration before we advert to the request made on behalf of the petitioner. By order dated 19th September 2018, this Court directed respondent no. 3 Police Inspector, PS, Deulgaon Raja to look into the grievance of the petitioner and make appropriate enquiry and submit report to this Court. Now, that the police have placed on record their report, it is the duty of the Court to look into the same so that justice could be done.

4.

This report shows that the petitioner has started construction without obtaining necessary sanction from the Competent Authority. It also makes a mention that the petitioner has committed defaults in many statutory compliances and if police aid is accorded to the petitioner, it would disturb the public tranquility and

would create law and order problem. This would mean that some of the facts which are necessary for deciding the controversy involved in this petition have not been placed on record by the petitioner and now that they have surfaced through the police report, we are proposing to impose some penalty on the petitioner while granting leave, as prayed for since the petitioner has unnecessarily consumed the valuable time of the Court.

5.

Accordingly, leave to withdraw the petition is granted to the petitioner. Petition is disposed of as withdrawn. However, penalty of Rs. 5000/- is imposed on the petitioner. The amount of penalty be made over to the District legal Services Authority, Buldhana within four weeks from today. Payment of penalty is condition precedent for grant of leave to withdraw the petiiton and for grant of requisite sanction by the local authority, if any and issue of building permit to the petitioner, if any. Copy of this order be sent to the Chairman, District Legal Services Authority, Buldhana, Chief Officer, Municipal Council, Buldhana and the Collector, Buldhana. Hamdast granted.

SMT PUSHPA V. GANEDIWALA, J.

SUNIL B. SHUKRE, J.

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