Purushottam Harishchandra ... vs The State Of Maharashtra Through ...
2021 Latest Caselaw 8987 Bom

                                                                 27-wp2538-21.doc

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION


                          WRIT PETITION NO.2538 OF 2021


      Purushottam H. Shirsekar & Anr.                         ...Petitioners
                V/s.
      State of Maharashtra & Ors.                             ...Respondents


      Mr.N.V. Bandiwadekar with Mr.Vinayak Kumbhar i/b Ms.Ashwini N.
      Bandiwadekar for the Petitioners.

      Mr.N.C. Walimbe, AGP for the State - Respondent Nos.1 to 5.

                                      CORAM : R.D. DHANUKA &
                                              R.I. CHAGLA, JJ.

DATE : 9TH JULY, 2021.

P.C. :-

1. Our attention is invited to the order dated 5th April, 2021

passed by the bench of Shri Justice Nitin Jamdar and Shri Justice

C.V. Bhadang. It was observed that the impugned order was passed

even though the petitioner no.2 in his proposal has given reference

on various decisions of this Court, this is one more instance where

the respondent authorities are repeatedly passing the orders contrary

to the settled position of law. This Court also recorded the assurance

made by the learned Advocate General that necessary steps will be

taken.

2. Learned AGP seeks time to file affidavit in reply. No reply

27-wp2538-21.doc

has been filed though served in the month of January, 2021.

3. This Court by an order dated 11 th March, 2021 also made

it clear that reply if any of the respondents should be served on the

petitioners' advocate latest by 1st April, 2021. We are thus not

inclined to adjourn the matter for filing any affidavit in reply. There

are no factual issue involved in this petition. This Court will decide

the matter finally on 14th July, 2021 at 2.30 p.m. If the respondents

propose to rely any judgments, the copies thereof shall be circulated

in advance with a copy to be served upon the petitioners' advocate in

advance.

4. Stand over to 14th July, 2021 at 2.30 p.m.

(R.I. CHAGLA, J.) (R.D. DHANUKA, J.)