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Yunus Abdulrahiman Mangaonkar v. The State Of Maharashtra And ORS

2025-05-07Hon'Ble Shri Justice Ravindra V. Ghuge , Hon'Ble Shri Justice Gautam A. Ankhad1 pages

Digitally signed by PRASHANT VILAS RANE Date:

2025.05.08 21:14:31 +0530 907-WP 2495-25.DOC PRASHANT VILAS RANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2495 OF 2025 Yunus Abdulrahiman Mangaonkar

...Petitioner

Vs.

The State of Maharashtra & Ors.

...Respondents

_________ Mr. Shrirang Katneshwarkar with Mr. Vivek Chauhan, for the Petitioner. Ms. P. P. Shinde, Addl. P. P. for the State/Respondent Nos.1 to 4. __________

CORAM:

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATE:07 MAY 2025.

P.C.

1.

Issue notice to the respondents. Learned APP waives service for Staterespondent Nos.1 to 4. Permission to serve respondent Nos.5 to 8 by private service by all permissible modes and place on record an affidavit of service. 2.

We are informed that under the impugned order dated 1 April 2025 the possession has already been handed over by Tahasildar in favour of respondent No.5 and other persons. Prima facie it appears that the impugned order is without jurisdiction as also it does not contemplate the correct purport of the order dated 16 January 2025 passed by the learned Additional Sessions Judge, Gadhinglaj, District Kolhapur in the proceedings of the Criminal Revision Application No.4 of 2023.

3.

Let a reply affidavit to this petition be placed on record on or before the adjourned date of hearing, and a copy of the same be served on the petitioner well in advance.

4.

List the proceedings on 17 June 2025. HOB.

(ADVAIT M. SETHNA, J.) (G. S. KULKARNI, J.) 07 May 2025