Nitin Laxmidas Dama v. State Of Maharashtra Through Its Principal Secretary Ministry Of Dairy Development

AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.57 OF 2025 WITH WRIT PETITION NO.4761 OF 2024 Digitally signed by ATUL GANESH KULKARNI Date:

2025.01.13 18:03:28 +0530 ATUL GANESH KULKARNI Nitin Laxmidas Dama ... Petitioner V/s.

The State of Maharashtra, through its Principal Secretary, Ministry of Dairy Development & Ors.

... Respondent WITH WRIT PETITION (L) NO.36983 OF 2024 Vast Media Network Pvt. Ltd.

... Petitioner V/s.

The State of Maharashtra, through its Principal Secretary & Ors.

... Respondents Mr. Aseem Naphade i/by Ms. Chaitra Rao, Mr. Jatin Sheth and Ms. Meera Parmar for the petitioner in WP/57/2025 & WP/4761/2024.

Mr. Atul Damle, Senior Advocate i/by Mr. Piyush Deshpande and Mr. Sandeep Dubey for the petitioner in WPL/36983/2024.

Smt. Jyoti Chavan, Additional G.P. and Smt. Varsha Sawant, AGP for respondent Nos.1 to 4 - State in WP/57/2025.

Smt. P.H. Kantharia, G.P., Smt. Jyoti Chavan, Additional G.P. and Smt. Nazia Shaikh, AGP for respondent Nos.1 to 3 - State in WPL/36893/2024. Mr. Mohit P. Jadhav, Additional G.P. and Mr. Amar Mishra, AGP for respondent Nos.1 to 3 - State in WP/4761/2024.

Mr. Rahul Gaikwad with Mr. Aqueel Patel i/by Mr. Pavan S. Patil for respondent No.6 in WP/4761/2024.

Mr. Abhijeet Rane, Director of Vast Media Network Pvt. Ltd., petitioner in WPL/36983/2024, present in-person.

Mr. Nitin Patil, Assistant Executive officer, Aarey, present in-person.

Mr. Santosh Nakade, Senior Assistant, Aarey, present in-person.

CORAM : DEVENDRA KUMAR UPADHYAYA, CJ & AMIT BORKAR, J.

DATED : JANUARY 13, 2025 P.C.:

Writ Petition (L) No.36983 of 2024:

1.

Learned Senior Advocate representing the petitioner, in pursuance of the order dated 10 January 2025, has stated that he has instructions from Mr. Abhijit Rane, Director of the petitioner-company, who is also present in Court, that the premises in question shall be vacated within one week, and vacant possession shall be handed over to the Competent Authority of the State-respondents.

2.

We record the said undertaking given in presence of the Director of the petitioner-company, Mr. Abhijit Rane. 3.

Let the said premises be vacated within one week from today, and peaceful vacant possession whereof shall be handed over to the Competent Authority of the respondents

within the said period.

4.

In the meanwhile, we provide that if any work order is issued pursuant to the subject tender, the same shall be subject to further orders that may be passed on this writ petition.

5.

Two weeks' time is granted to the respondents to file their affidavits-in-reply, to which rejoinder-affidavit, if any may be filed by the petitioner by the next date of listing. 6.

Stand over to 4 February 2025. To be placed high on board.

Writ Petition No.57 of 2025:

7.

Heard Mr. Naphade, learned counsel for the petitioner and Smt. Jyoti Chavan, learned AGP representing the Staterespondents. 8.

Today, we have passed an order in Writ Petition (L) No.36983 of 2024 based on the undertaking given before the Court by the petitioner in the said writ petition. 9.

In view of the aforesaid undertaking tendered to this Court, learned counsel for the petitioner states that if prayer

clause (a) of this writ petition is granted, he shall not press other prayers. The said statement is made on the basis of the instructions received from the petitioner, who is present in Court.

10.

Smt. Jyoti Chavan, learned AGP has stated, on the basis of instructions from Mr. Nitin Patil, Assistant Executive Officer, Aarey and Mr. Santosh Nakade, Senior Assistant, Aarey, that the premises in question shall be handed over to the petitioner, Nitin Laxmidas Dama, within one week from the date possession is handed over by the petitioner in Writ Petition (L) No.36983 of 2024 - Vast Media Network Private Limited in terms of the order passed today in the said writ petition.

11.

Accordingly, this writ petition stands disposed of in terms of the statements made by Mr. Naphade based on the statement of Mr. Abhijit Rane, Director, Vast Media Network Pvt. Ltd., petitioner in Writ Petition (L) No.36983 of 2024 and by Ms. Jyoti Chavan, learned AGP.

Writ Petition No.4761 of 2024:

12.

Two weeks' time is granted to the learned counsel for

the respondents to file rejoinder-affidavit filed by respondent No.6. Two weeks' time shall be available to the Staterespondents to file affidavit-in-reply, to which rejoinderaffidavit may be filed by the petitioner as also by respondent No.6 by the next date of listing.

13.

Stand over to 4 February 2025. To be placed high on board.

(AMIT BORKAR, J.) (CHIEF JUSTICE)