Vijay Vishram Billewar v. The Assistant Commissioner Kokan Division And ORS

904-ASWP-3587-2024.DOC Sumedh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3587 OF 2024 Vijay Vishram Billewar

...Petitioner

Versus

The Assistant Commissioner Kokan Division & Ors

...Respondents

Ms Yogita Deshmukh Chitnis, for the Petitioner. Mr Yashodeep Deshmukh, with Vaidehi Pradeep, Ameya Tawde i/b Rahul Thakare, for Respondents Nos 2 to 4.

Mr AA Alaspurkar, AGP, for the Respondent-State.

CORAM

G.S. Patel & Kamal Khata, JJ.

DATED:

16th April 2024 PC:- 1.

Heard.

2.

It seems to us that the Petitioner having accepted his error, what is sought to be imposed and instituted against him is prima facie excessive and disproportionate. We will allow the contesting Respondents to file an Affidavit in Reply by 30th April 2024. A Rejoinder is permitted by 3rd May 2024. We list the Petition on 26th June 2024.

Digitally signed by SUMEDH NAMDEO SONAWANE Date:

2024.04.17 10:20:22 +0530 SUMEDH NAMDEO SONAWANE 16th April 2024

904-ASWP-3587-2024.DOC 3.

In the meantime and until the next date, there will be an ad interim order in terms of prayer clause (C) which reads thus: "C) That during the pendency and final disposal of the present Writ Petition, the effect, operation and implementation of the impugned inquiry report dated 19/12/23 issued by the Respondent No. 1 (at Exhibit Q) and conclusion of inquiry report dated 09/02/24 passed by the Respondent No. 2 (at Exhibit R) along with Final Notice dated 09/02/24 issued by the present Respondent No. 2 (at Exhibit S) be stayed until further Orders."

(Kamal Khata, J) (G. S. Patel, J) 16th April 2024