← Library
Bombay High CourtWP/2709/2021disposed off

Mahesh Balasaheb Jadhav And ORS v. The State Of Maharashtra Thru The Prin. Secretary, Law And Judiciary Dept. And ANR

2024-07-03Hon'Ble Shri Justice B.P. Colabawalla,Hon'Ble Shri Justice Firdosh Phiroze Pooniwalla2 pages

14-wp-2709-21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by URMILA PRAMOD INGALE Date:

2024.07.05 11:05:41 +0530 CIVIL APPELLATE JURISDICTION URMILA PRAMOD INGALE WRIT PETITION NO. 2709 OF 2021 Mahesh Balasaheb Jadhav and ors.

.. Petitioners

Versus

The State of Maharashtra and anr.

.. Respondents Mr.Pralhad Paranjape a/w Mr.Manish Kelkar, Advocates for the Petitioners.

Mr.G.S.Godbole, Senior Advocate a/w Mrs.S.D.Vyas, Addl. GP a/w Smt. A.A.Purav, AGP, for Respondent No.1State. Mr. Samir Suryawanshi a/w Ms.Bhakti Wast i/b Mr. Sanjiv Sawant, for Respondent No. 2.

CORAM

:B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.

DATE : JULY 03, 2024 P. C.

1.

The learned advocate appearing on behalf of the Petitioners submitted that due to efflux of time and subsequent developments, all prayers in the above Writ Petition, other than the prayer challenging the constitutional validity of Section 56RR of the Maharashtra Public Trusts Act, 1950, have become infructuous. He, therefore, sought leave to JULY 03, 2024 Urmila Ingale

14-wp-2709-21.doc withdraw the above Writ Petition by keeping open the question of the constitutional challenge, if the need so arises in the future. 2.

In view of the aforesaid statement, the above writ petition is dismissed as withdrawn. It is made clear that we have not decided the constitutional challenge to Section 56RR of the Maharashtra Public Trusts Act, 1950 and the same can be agitated either by the present Petitioners or any other person, if the need so arises. 3.

In view of the dismissal of the Writ Petition, nothing survives in any Interim Application filed therein and the same are disposed of accordingly.

4.

Any ad-interim order passed in the above Writ Petition stands vacated forthwith.

5.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.] JULY 03, 2024 Urmila Ingale