Manikchand Kishorilal Kesarwani v. The State Of Maharashtra Throu. Govt Pleader And ORS

Osk 46-Wp-19385-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 19385 OF 2024 Manikchand Kishorilal Kesarwani ... Petitioner V/s.

The State Of Maharashtra & Ors.

... Respondents _______________________________________ Mr. S.G. Deshmukh i/b. Mr. Abhijeet J. Kandarkar for Petitioner. Mr. P.P. Kakade, Addl. G.P. a/w. Ms. S.S. Jadhav, A.G.P. for Respondent No.1. Mr. Dilip Bodke for Respondent Nos.2 & 3.

Mr. Manik Jadhav, Ward Officer, Office No.2 & Mr. Anil Pradhan, Law Officer. _______________________________________ CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.

DATE : 6th January 2025.

P.C. :

1) Heard Mr. Deshmukh, learned counsel for Petitioner, Mr. Kakade, learned Addl. G.P. for Respondent No.1-State and Mr. Bodke, learned Advocate for Respondent Nos.2 & 3-Corporation. 2) Mr. Deshmukh, learned counsel for Petitioner made a principal grievance i.e. the Petitioner was not granted an opportunity of being heard before passing the impugned Order dated 10th December 2024. That, the reply filed by the Petitioner has also not being considered by the competent Authority.

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Osk 46-Wp-19385-2024.doc 3) Mr. Bodke, learned Advocate appearing for Respondent Nos.2 & 3 on instructions from Mr. Manik Jadhav, Ward Officer, Ward Office No.2 and Mr. Anil Pradhan, Law Officer submitted that, the competent Authority is withdrawing the said Order dated 10th December 2024 with immediate effect. That, the competent Authority will grant an opportunity of being heard to the Petitioner in furtherance of notice dated 30th September 2024 issued by it. The said statement is accepted. 4) In view thereof, nothing further survives in the Petition at this stage and is accordingly disposed off.

( KAMAL KHATA, J. ) ( A.S. GADKARI, J. ) by OMKAR SHIVAHAR KUMBHAKARN Date:

2025.01.13 15:29:54 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2