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Bombay High CourtWP/4139/2026disposed off

Yunusbhai Akbarbhai Rathod Nee Nagori And ORS v. State Of Maharashtra Thr Its Principal Secretary And ORS

2026-04-17Hon'Ble Shri Justice Manish Pitale , Hon'Ble Shri Justice Shreeram Vinayak Shirsat2 pages

P1_4139&group_26.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4139 OF 2026 Yunusbhai Akbarbhai Rathod nee Nagori and others... Petitioners Vs.

State of Maharashtra thr. its Principal Secretary and others ...

Respondents WITH WRIT PETITION NO.4141 OF 2026 WITH WRIT PETITION NO.4146 OF 2026 WITH WRIT PETITION NO.4145 OF 2026 --- Ms. G. R. Raghuwanshi, AGP for Respondents-State in WP/4139/2026. Mr. N. C. Walimbe, Additional GP a/w. Ms. M. S. Bane, AGP for RespondentsState in WP/4146/2026. Ms. P. M. Joshi - Deshpande, AGP for Respondents-State in WP/4145/2026. Mr. R. S. Pawar, AGP for Respondents-State in WP/4141/2026. CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ.

DATE : APRIL 17, 2026 P.C. :

.

Not on Board. Mentioned by way of praecipe for speaking to the minutes in respect of order dated 08.04.2026. 2.

It is correctly pointed out that Ms. Raghuwanshi, learned counsel could not have waived notice on behalf of respondent Nos.2 and 3 i.e. the Municipal Corporation for the reason that Ms. Raghuwanshi is an Assistant Government Pleader (AGP), who represents State authorities. 3.

In that light, the observation at paragraph 5 of the order that service is complete is also rendered erroneous. MINAL SANDIP PARAB by MINAL SANDIP PARAB Date: 2026.04.17 17:34:55 +0530 1/2

P1_4139&group_26.doc 4.

In view of the above, the order dated 08.04.2026 shall stand corrected to record in the appearances that Ms. Raghuwanshi, learned AGP appeared on behalf of the State authorities. 5.

Paragraphs 4 and 5 of the order dated 08.04.2026 shall be replaced as follows:- "4.

Additionally, the petitioners are directed to serve respondent Nos.2 and 3 i.e. the concerned Municipal Corporation by way of private service.

5.

The petitioners shall file affidavit of service before the next date of listing."

6.

In the light of the changes made in the said order, the time period for supplying copies for issuance of notices to respondent Nos.2 and 3 i.e. the concerned Municipal Corporation, is extended by one week. 7.

The praecipe stands disposed of.

(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.) Minal Parab 2/2