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Bombay High CourtCA/1481/2024disposed off

Dnyaneshwar Sopan Gite v. Ramesh Navnath Kokate And ORS

2024-03-01Hon'Ble Shri Justice R. G. Avachat , Hon'Ble Shri Justice Sandipkumar C. More3 pages

*1*

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 WRIT PETITION NO. 901 OF 2024 RAMESH NAVNATH KOKATE

VERSUS

THE ZILLA PARISHAD DHARASHIV THROUGH ITS CHIEF EXECUTIVE OFFICER AND OTHERS WITH CIVIL APPLICATION NO. 1481 OF 2024 IN WP/901/2024 DNYANESHWAR SOPAN GITE

VERSUS

RAMESH NAVNATH KOKATE AND ORS ...

Shri Vasant D. Salunke, Advocate for the Petitioner Shri Bhausaheb B. Bhise, Advocate for Respondents 1 to 3/State Shri Vinod Patil, Advocate for Respondent 4.

Shri P.K. Lakhotiya, AGP for the Respondent/ State. Shri K.R. Doke, Advocate for the Applicant/ Intervenor ...

CORAM : RAVINDRA V. GHUGE & R.M. JOSHI, JJ.

DATE :- 01st March, 2024 Per Court :- 1.

By the first order passed by this Court on 24.01.2024, we had specifically posed a query to Respondent Nos.1 to 3/Zilla Parishad as to what is the arrangement sought to

*2* be made for completing the projects which are underway and which have been half performed or are semi-done by the Petitioner, who was a successful bidder. An affidavit in reply was expected to be filed by the Zilla Parishad. Thereafter, despite the passage of almost five weeks, no reply has been filed by the Zilla Parishad and oral submissions are canvassed to contradict the contentions of the Petitioner.

2.

The Petitioner insists for interim orders and prays that no further time be granted to the Zilla Parishad. 3.

We are of the view, at this stage, that the non-filing of the affidavit in reply by the Zilla Parishad has become an obstacle in progressing with this matter. We are, therefore, imposing costs of Rs.10,000/- (Rupees Ten Thousand) on the Respondent/ Zilla Parishad, which shall be deposited in this Court, in equal shares from the salary accounts of the Chief Executive Officer, Zilla Parishad and the Additional Chief Executive Officer, Zilla Parishad, who are answering Respondents before us, along with an affidavit in reply, on or before 15.03.2024.

4.

Any development pursuant to the filing of this Writ Petition shall not create rights or equities in favour of any entity

*3* and the same shall be subject to the result of this Writ Petition. 5.

Stand over to 19.03.2024 in the urgent category. kps ( R.M. JOSHI, J. ) ( RAVINDRA V. GHUGE, J. )