Kapil Babasaheb Akat vs The State Of Maharashtra Through ...
2022 Latest Caselaw 4312 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                          WRIT PETITION NO. 4616 OF 2022

 Kapil Babasaheb Akat                                            .. Petitioner

          Versus

 The State of Maharashtra and others                             .. Respondents

 Mr. S. S. Thombre, Advocate with Mr. Kishor T. Taur, Advocate for the
 Petitioner.
 Mr. S. G. Karlekar, AGP for Respondent Nos. 1 to 3.
 Mr. S. K. Kadam, Advocate for Respondent No. 4.
 Mr. Vishal Bagal-Patil, Advocate for Respondent No. 5.

                               CORAM :    R. D. DHANUKA &
                                          S. G. MEHARE, JJ.

DATED : 25th APRIL 2022.

PER COURT:-

. Mr. Taur, learned counsel for the petitioner on instructions seeks

liberty to delete respondent Nos. 6 to 22 from the cause title of the

petition as such no reliefs are sought against them and they are formal

respondents.

2. Leave to amend is granted. Amendment be carried out within

one week from today.

3. The learned counsel for the petitioner on instructions states that

one year extension granted to the existing managing committee

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members of the APMC- respondent No. 5 committee would expire on

07.07.2022 and does not propose to seek any further extension.

Statement is accepted.

4. The statement made by the learned counsel for the petitioner is

based on the communication dated 19.04.2022 annexed at Exhibit-H to

the petition and considering the judgment of the Hon'ble Supreme

Court in SLP to Appeal (C) No. 4628 of 2022 referred to in the said

order dated 19.04.2022.

5. The learned counsel for APMC on instructions states that the

administrator appointed by the State Government has not taken charge

in respect of the affairs of the managing committee of APMC.

Statement is accepted.

6. In view of the statement made by the learned counsel for the

petitioner and by the learned counsel for APMC, we are accepting the

request made by the learned A.G.P. for the State to take instructions

and to file affidavit in reply. Affidavit in reply shall be filed on or

before 02.05.2022.

7. Place the matter on board on 04.05.2022.

8. Till the next date, there shall be ad interim relief in terms of

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prayer clause (D).

9. The learned A.G.P. shall convey this order to the respondents not

to implement the impugned notice for taking charge.

10. Parties to act upon the authenticate copy of this order.

 ( S. G. MEHARE )                                        ( R. D. DHANUKA )
       JUDGE                                                   JUDGE




 P.S.B.




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