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Bombay High CourtCAW/2958/2014dispossed offdismiss for default

Sunil Narayan Shrirame v. State Of Maharashtra Through Its Secretary Tribal Development Department, Mumbai And 6 Others

2015-01-05Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice A.P. Bhangale2 pages

51caw2958.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CAW NO. 2958/2014 IN WRIT PETITION NO. 6491 OF 2013 (Sunil Narayan Shrirame & Ors. vs. State of Maharashtra, Triabal Development Department & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's Orders.

CORAM : B.P. DHARMADHIKARI & A.P. BHANGALE, JJ.

JANUARY 05, 2015.

Heard Shri Khandekar, learned counsel for the applicants - petitioners, Shri Fulzele, Additional Government Pleader for respondent Nos. 1 to 6 and Shri Khamborkar, learned counsel for respondent No.7.

Shri Khamborkar, learned counsel is seeking time to obtains instructions.

Shri Khandekar, learned counsel, however, points out that arrears in terms of prayer clause (c) contained in Writ Petition No. 6491 of 2013 are released and received by the petitioner. According to him, inadvertently when the petition was disposed of, the same has been allowed in terms of prayer clause (A). He submits that though there was a direction to incorporate the prayer clauses (A) & (C) both, inadvertently while transcribing, only

51caw2958.14 prayer clause (A) has been added.

Shri Khamborkar, learned counsel is disputing this.

In view of the statement made by Shri Khandekar, learned counsel that the petition was disposed of in terms of prayer clauses (A) & (C) and in terms of prayer clause (C) arrears are already released, we do not wish to go into the controversy at this stage. If any action for recovery or to the prejudice of the petitioners is taken because of the orders dated 24.09.2014 in future, the petitioners shall be given a show cause notice and an opportunity of hearing, before initiating it. With this clarification, we dispose of this civil application.

JUDGE JUDGE *GS.