Sandip K. Shinde vs State Of Maharashtra Through ...
2021 Latest Caselaw 11612 Bom

                                                                  19-wp872-20

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION


                            WRIT PETITION NO.872 OF 2020


      Sandip K. Shinde                                         ...Petitioner
                V/s.
      The State of Maharashtra & Ors.                          ...Respondents


      Mr.Chetan G. Patil for the Petitioner.

      Mr.N.K. Rajpurohit, AGP for State - Respondent Nos.1 and 2.

      Mr.Mandar G. Bagkar for the Respondent Nos.3 and 4.

                                    CORAM : R.D. DHANUKA &
                                            A.K. MENON, JJ.

DATE : 23RD AUGUST, 2021.

P.C. :-

1. Mr.Patil, learned counsel for the petitioner undertakes to

furnish a copy of Government Resolution referred in the impugned

order dated 31st May, 2019 annexed at Exhibit "E" page 17 to the

learned AGP by tomorrow. Insofar as Government Resolution dated

12th February, 2015 and 2nd May, 2012 are concerned, learned

counsel invited our attention to the judgment dated 30th July, 2021

delivered by a Division Bench of this Court in Writ Petition No.4673 of

2019 in case of Sunil Gundu Desai vs. The State of Maharashtra

& Ors. In our view, the impugned order is contrary to the principles of

19-wp872-20

law laid down by this Court in the said judgment at least insofar as

the applicability of the Government Resolution dated 12th February,

2015 and 2nd May, 2012 is concerned. The issue of applicability of the

Government Resolution dated 28th January, 2019 would be decided

by this Court on the next date.

2. Place the matter high on board on 25th August, 2021.

(A.K. MENON, J.)                                (R.D. DHANUKA, J.)