Dilip Prabhakar Gheware vs The Assistant Commissioner Of ...
2023 Latest Caselaw 1646 Bom

                             Digitally signed
                             by CHITRA
                             SANJAY
                  CHITRA     SONAWANE
                  SANJAY     Date:
                  SONAWANE   2023.02.17
                             18:48:10
                             +0530


Chitra Sonawane
                                            1
                                                                 901-WP-4696-2021.doc


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          CRIMINAL APPELLATE JURISDICTION

          CRIMINAL WRIT PETITION NO.4696 OF 2021

Dilip Prabhakar Gheware          ...                 Petitioner.
      Versus
Asst.Commissioner of Police & Anr....                Respondents.

                              .......
Mr Sarthak Shetty i/b Tarun Sharma with Zaibunnisa S. Shaikh
with Sunidhi Hooda, for the Petitioner.

Mr Rajesh Wadnerkar, Desk Officer, Urban Development
Department Mantralaya, present.

Mrs Varsha Sakhare, Dy.Secretary (Legal) UDD, present.

ACP Kale PSI Nikam, Crime branch, present.

MR VB Konde-Deshmukh, APP for the Respondent-State.
                        .......

                                 CORAM: NITIN W. SAMBRE AND
                                        R. N. LADDHA, JJ.

                                 DATE           : 17 FEBRUARY, 2023.

P.C. :-

We have perused the affidavit placed on record by the Additional Chief Secretary, Urban Development Department, Mantralaya, explaining default on his part with regard to order of this Court dated 20.1.2023.

Chitra Sonawane

901-WP-4696-2021.doc

2. We must make the Government sensitive as to the view expressed by the Apex Court in catena of Judgments viz.

i)Mansukhlal V. Chauhan Vs. State of Gujrat, 1997 Cr.LJ 4059.

ii) Saddam Shah Khalil Shah Fakir, 2021 ALL MR (Cri) 2884

iii)Dr. Subramanian Swamy Vs. Dr. Manmohan Singh & Anr., Civl Appeal No.1193/2013 dated 31.1.2012.

wherein it is categorically mentioned that the decision of sanction has to be given maximum, with in period of 3 months.

3. In this background, learned APP assures that he shall appraise both the Officers about the position of law and revert by 28th February, 2023.

[R. N. LADDHA, J.] [NITIN W. SAMBRE, J.]