Bibishan Sarjerao Sanap vs The State Of Mah And Ors
2021 Latest Caselaw 10623 Bom

                                                 WP No.7043/09 & Anr.
                                       1


                     IN THE HIGH COURT AT BOMBAY
                 APPELLATE SIDE, BENCH AT AURANGABAD

                    248 WRIT PETITION NO.7043 OF 2009
                           WITH WP/8015/2009

                        VITHAL UTTAM PAWAR
                               VERSUS
               THE STATE OF MAHARASHTRA AND ORS
                                   ...
      Advocate for respective Petitioner : Mr. S.S. Tope & Mr. A.D.
                                Aghav
             AGP for Respondents State : Mr. S.K. Tambe
                                   ...

                               CORAM   :   S.V. GANGAPURWALA &
                                           R.N. LADDHA, JJ.

DATED : 09/08/2021.

PER COURT :

. We have heard Mr. S.S. Tope and Mr. A.D. Aghav,

learned advocates for the respective petitioners.

2. We are not considering the contentions on merits in

view of the judgment of Full Bench of this Court in the case of

Rajendra Pandurang Pagare & Anr. Vs. State of Maharashtra &

Ors. Reported in 2009 (4) Bom. C.R. 928. The District Maleria

Officer, Jalna had filed affidavit. Paragraph 5 of the affidavit

reads thus :-

"05. I say that eventhough the aforesaid position, this deponent is ready to send the proposal of the petitioner for consideration of his claim amongst

WP No.7043/09 & Anr.

the project Affected Candidate if this Hon'ble Court pass such order this behalf."

3. It is not for the Court to direct, it is for the

authorities to consider the proposal in accordance with law. The

respondents may consider the proposal as stated in the affidavit

and decision may be taken.

4. The decision may be taken preferably within six

months.

5. With these observations, the writ petitions stand

disposed of. Rule discharged. No costs.

[ R.N. LADDHA, J. ] [S.V. GANGAPURWALA, J.]

ssc/