Bombay High Court
Lata Dilip Udawant vs The State Of Maharashtra And Ors on 4 December, 2021
Bench: R.D. Dhanuka, Abhay Ahuja
ppn 1 22. wp-8538.21 wt 8539.21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.8538 OF 2021
Lata Dilip Udawant .. Petitioner
Versus
The State of Maharashtra & Ors. .. Respondents
ALONG WITH
WRIT PETITION NO.8539 OF 2021
Devka Eknath Marathe .. Petitioner
Versus
The State of Maharashtra & Ors. .. Respondents
---
Mr.V.S. Tadke i/by Mr.Balaji S. Shinde for the petitioners in both writ
Petitions.
Mrs.P.N. Diwan, AGP for the respondent nos.1 to 4-State in WP No.8538
of 2021.
Mrs.P.J. Gavhane, AGP for the respondent nos.1 to 4-State in WP
No.8539 of 2021.
---
CORAM : R.D. DHANUKA
ABHAY AHUJA, JJ.
DATE : 4th December 2021
P.C.:-
. Learned counsel for the petitioners seeks leave to amend
prayer clause (D) of both the petitions. Leave to amend is granted to the
petitioners. Amendment to be carried out forthwith. Re-verification is
dispensed with. Amendment shall be also carried out in the copy of the
petitions which are served upon the office of the Government Pleader
forthwith.
2. Learned counsel for the petitioners invited our attention to
impugned the orders annexed at pages 32-A and 33-A which are typed
copy and would submit that though the petitioner in Writ Petition
ppn 2 22. wp-8538.21 wt 8539.21.doc
No.8538 of 2021 is retired in the year 2019 and the petitioner in Writ
Petition No.8539 of 2021 is retired in the year 2020, the respondents had
issued notice for recovery of various amount. The petitioners stood
retired.
3. Learned counsel also invited our attention to the judgment
of the Aurangabad bench of this Court delivered on 10th August 2012 in
case of Gangadhar Jalba Kadam Vs. The State of Maharashtra & Ors.
in Writ Petition No.15170 of 2019 and would submit that this Court after
adverting to the judgment of the Supreme Court in case of State of
Punjab and Ors. Vs. Rafiq Masih (White Washer) & Ors., (2015) 4
SCC 334 has quashed and set aside the action of recovery initiated after
5 years of the date of retirement. He submits that the recovery action
initiated against the petitioner from the respondents is contrary to the
principles of law laid down by the Aurangabad bench of this Court in
case of Gangadhar Jalba Kadam (supra) and several other judgments.
4. Learned AGP for the respondents in both the writ petitions
seek time to take instructions and to file affidavit-in-reply, if necessary.
Such affidavit-in-reply shall be filed within two weeks from today
without fail.
5. Place the matter High on Board on 20 th December 2021.
Till date, there shall be ad-interim relief in terms of prayer clause (D)
as amended in both the writ petitions.
ABHAY AHUJA, J. R.D. DHANUKA, J.
