Rupali Shivdas Savale Alias Rupali Mahendra Chavan v. State Of Maharashtra Thr Its Secretary, Tribal Development Dept. And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

MILIND SALGAONKAR Date: 2025.01.14 19:33:33 +0530 MANDIRA MILIND SALGAONKAR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.9835 OF 2024 IN WRIT PETITION NO.7399 OF 2021 Jayshree Gangadhar Bagul ..

Applicant

Versus

State of Maharashtra through its Secretary, Tribal Development Department & Ors.

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Respondents ALONGWITH INTERIM APPLICATION NO.9836 OF 2024 IN WRIT PETITION NO.7401 OF 2021 Rupali Shivdas Savale alias Rupali Mahendra Chavan ..

Applicant

Versus

State of Maharashtra through its Secretary, Tribal Development Department & Ors.

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Respondents ALONGWITH INTERIM APPLICATION NO.9834 OF 2024 IN WRIT PETITION NO.7400 OF 2021 (NOT ON BOARD. TAKEN ON BOARD) Sarala Baburao Koli ..

Applicant

Versus

State of Maharashtra through its Secretary, Tribal Development Department & Ors.

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Respondents ...

2/3 14 - 15 IA-9835-24+2.odt Mr.R.K.Mendadkar with Ms.Priyanka Shaw for the Applicants/Petitioners in all the Applications. Mr.N.C.Walimbe, Addl. Govt. Pleader with Mr.V.M.Mali, A.G.P. for the State/Respondent in WP/7399/21 & WP/7401/21. Mr.B.V.Samant, Addl. Govt. Pleader with Mr.V.M.Mali, A.G.P. for the State/Respondent in WP/7400/21.

Mr.Subhash V. Gutte for the Respondent No.4. ...

CORAM: BHARATI DANGRE & ASHWIN D. BHOBE, JJ.

DATED : 10th JANUARY, 2025 P.C:- 1.

Though Interim Application No.9834 of 2024 in Writ Petition No.7400 of 2021 is not listed on today's Board, as per the request of learned counsel Mr.Mendadkar, the Writ Petition is called for and the same is taken up for hearing alongwith the two connected Writ Petitions.

2.

The Interim Applications are filed in the three Petitions seeking their restoration, as on 05/02/2024, the same were disposed off as infructuous with liberty to the Petitioners to revive these Petitions, in the event they feel that the cause of action still survive.

3.

It is the specific claim of Mr.Mendadkar that the Petitions could not have been disposed of as infructuous, as the cause of action very much survived and rather it pertains to the caste claim of the Petitioners and there was also interim relief operating in their favour.

3/3 14 - 15 IA-9835-24+2.odt In any case, being convinced with the fact that the Petitions deserve to be restored, as the cause of action very much survive, by setting aside the order dated 05/02/2024, the three Petitions are restored to its file. The Interim Applications are made absolute in terms of prayer clause (a). The three Petitions are directed to be listed on 24/02/2025.

(ASHWIN D. BHOBE, J.) (BHARATI DANGRE, J.)