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Bombay High CourtWP/1246/2025disposed off

Anagha Abhay Mainkar v. The State Of Maharashtra Through Secretary Education Dept

2025-04-28Hon'Ble Shri Justice Ravindra V. Ghuge , Hon'Ble Shri Justice Ashwin D. Bhobe3 pages

by ARUNA SANDEEP TALWALKAR Date:

2025.05.02 10:56:29 +0530 ARUNA SANDEEP TALWALKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1246 OF 2025 Anagha Abhay Mainkar.

... Petitioner.

Versus

State of Maharashtra & Ors.

... Respondents.

**** Mr. B.S. Nayak, Advocate for the Petitioner.

Ms. Gaurangi Patil, AGP for Respondent Nos. 1 to 3. Ms. Kalyani Deshmukh i/b. FZB & Associates, Advocate for Respondent No. 5.

**** CORAM :

RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ.

DATE :

28th APRIL, 2025 P.C. :

1.

Despite notice issued on 10th March, 2025 and time granted to file an affidavit in reply by 3rd April, 2025, till today, Respondent Nos. 1 to 3 have not filed their affidavit in reply. Since a reply is not filed, this matter can not progress. When we asked a question to the learned AGP as to whether the salary is paid to the Petitioner, the answer is that instructions will have to be taken.

2.

Let each of Respondent Nos. 1 to 3 deposit cost of Rs. 1,000/- each, from their salary bank accounts, in this Court within 21 days from today. Affidavit in reply would also be filed within 21 days from today. Office to accept reply and cost during vacation. 3.

In so far as the respondent No. 5 is concerned, the learned Advocate for the Petitioner submits that a part relief to be extended by Respondent No. 5, has been so extended. The learned Advocate for Respondent No. 5 prays that the said party be deleted. The learned Advocate for the Petitioner submits that he would delete Respondent No.

5. Deletion be carried out within one week.

4.

The learned Advocate Petitioner tenders a photostat copy of the communication dated 19th March, 2025 by which the Petitioner has been inducted as Librarian under the mapping orders. The same is marked as X-1 for identification. The learned Advocate for the Petitioner has tender a photostat copy of the Petitioner's joining, report dated 19th March, 2025. It is marked as X-2 for identification. 5.

Since the Respondent No. 4 who was also under a direction to file affidavit in reply, has not even entered an appearance in this

matter, either physically or through an Advocate. As such, issue a bailable warrant to Respondent No. 4 in the sum of Rs. 15,000/-, returnable on 25th June, 2025.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)