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Bombay High CourtWP/9968/2024disposed off

Maqbul Ahmed Mujawar v. State Of Maharashtra

2024-07-24Hon'Ble Shri Justice B.P. Colabawalla , Hon'Ble Shri Justice Firdosh Phiroze Pooniwalla4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9968 OF 2024 Maqbul Ahmed Mujawar & Others .. Petitioners.

Versus

The State of Maharashtra & Others .. Respondents None for the Petitioner.

Adv. Ms. P. N. Diwan, AGP, for the Respondent-State. Digitally signed by SMITA RAJNIKANT JOSHI Date:

2024.07.25 10:10:10 +0530

CORAM:

B. P. COLABAWALLA & SMITA RAJNIKANT JOSHI FIRDOSH P. POONIWALLA, JJ.

DATE:

P. C.

Not on board. Mentioned. At the request of learned AGP for the Respondent-State, taken on board.

1.

The above praecipe has been moved for speaking to the Minutes of Order dated 19th July, 2024.

2.

In the appearance column, the following shall be substituted as Advocates for the Respondent:-

" Shri P. P. Kakade, Government Pleader, Mrs. Shruti D. Vyas, Additional Government Pleader, Mr. Akshay Shinde 'B' Panel Counsel for the Respondent-State."

3.

Thereafter, in paragraph No.2, the word "AGP", shall be substituted with the word "Government Pleader" . 4.

Similarly, in paragraph No.4, the word "AGP", shall be substituted with the word "Government Pleader". 5.

No other correction is sought. The correction shall be carried out in the original order as well as in the copy uploaded on the server. 6.

This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.] For the sake of convenience the order dated 19th July, 2024 (as corrected) is reproduced hereunder:-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9968 OF 2024 Maqbul Ahmed Mujawar & Ors.

.. Petitioners

Versus

The State of Maharashtra & Ors.

.. Respondents Mr.Satish Talekar i/b Talekar & Associates, Advocates for the Petitioners.

Shri P. P. Kakade, Government Pleader, Mrs. Shruti D. Vyas, Additional Government Pleader, Mr. Akshay Shinde 'B' Panel Counsel, Advocates for Respondents.

CORAM

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

DATE: JULY 19, 2024 P. C.

1.

This matter has been urgently moved because, despite interim orders passed by this Court on 28th February 2023 directing that no coercive steps shall be taken against the Petitioners, according to the Petitioners demolition is in progress.

2.

The learned Government Pleader seeks time to take instructions. He, however, assures the Court that during the rainy season no residential premises of any person in the Vishalgad Fort area shall be demolished,

whether they are the Petitioners before this Court or otherwise. He submitted that this is as per the Circular of the Government of Maharashtra. The said statement is accepted as an undertaking given to the Court. 3.

The learned advocate appearing on behalf of the Petitioners has also shown a video of a law and order situation in the Vishalgad Fort area. 4.

We would like the Senior Police Inspector of Shahuwadi Police Station to remain present before this Court on the next occasion and explain to us what action, if any, the police have taken against the persons in the video shown to us today. The copy of the video is already furnished to the learned Government Pleader in a Pendrive today. 5.

Stand over to 29th July 2024.

6.

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