Rajaram Abahsaheb Deshmukh vs The State Of Maharashtra And Ors
2023 Latest Caselaw 34 Bom

                                                                  1 wp 2876-22 wt wp 9109-21.doc




                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION

                                         WRIT PETITION NO. 2876 OF 2022

                      Rajaram Abasaheb Deshmukh                 ..Petitioner
                           V/s.
                      The State of Maharashtra and Ors.         ..Respondents

                                                     WITH
                                         WRIT PETITION NO. 9109 OF 2021
SNEHA
NITIN
CHAVAN                Kaluram Mahadu Jadhav and Ors.            ..Petitioners
Digitally signed by        V/s.
SNEHA NITIN
CHAVAN                The State of Maharashtra and Ors.         ..Respondents
                                                     ----
Date: 2023.01.02
17:27:39 +0530

                      Mr. Harshad Sathe for the Petitioners in WP/9109/2021.
                      Mr. B.G. Ligade i/b Mr. Drupad Patil for the Petitioner in
                      WP/2876/2022 and Respondent No.2 in WP/9109/2021.
                      Mr. V.S. Gokhale. 'B' Panel Counsel for the Respondents/State.
                                                     ----
                                             CORAM : R.D.DHANUKA, AND
                                                          M.M.SATHAYE, JJ.

DATE : 2nd JANUARY 2023

P.C.

. Mr. Sathe, the learned Counsel for the Petitioners tenders a copy of letter dated 12.12.2022 from Ramesh M. Jadhav and Balu Mahadu Jadhav who are Petitioner Nos. 2 and 3 in Writ Petition No. 9109 of 2021. They have alleged in the said letter that they have not signed the vakalatnama in favour of the Advocates on record and without their permission, the Writ Petition came to be filed. They have further stated that they have came to know about this proceedings only after notice came to be issued by the Sneha Chavan page 1 of 2 1 wp 2876-22 wt wp 9109-21.doc

Hon'ble Supreme Court arising out of the Judgment passed by this Court dismissing the Writ Petition.

2. Both these Petitioners are present in the Court today.

3. We have shown them vakalatnama signed by these two persons along with two other Petitioners. They have identified the signatures on vakalatnama and stated that they have signed the vakalatnama. They also agreed to pursue the Writ Petition remanded by the Hon'ble Supreme Court before this Court for deciding the matter afresh through the same advocate. Statement is accepted.

4. Mr. Sathe, the learned Counsel for the Petitioners seeks liberty to file affidavit so as to place certain facts on record. Such affidavit shall be filed within two weeks from today with copy to be served upon the Respondents' advocate simultaneously. It is made clear that no further time would be granted.

5. If the Respondents propose to file reply to the said affidavit that would be filed by the Petitioners, the same shall be filed within two weeks thereafter.

6. Place the matter on board on 09.02.2023 for hearing and final disposal.

M.M.SATHAYE, J.                              R.D.DHANUKA, J.

     Sneha Chavan                                                 page 2 of 2