Narendra S/O. Donuji Bodanwar vs State Of Maharashtra, Thr. ...
2023 Latest Caselaw 9514 Bom

2023:BHC-NAG:13492-DB


                                                             1                            43A.WP.7343-2022.odt




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  NAGPUR BENCH AT NAGPUR

                                      WRIT PETITION NO. 7343 OF 2022
                                ( Narendra s/o Donuji Bodanwar
                                                Vs.
                   State of Maharashtra, Thr. Its Secretary, Urban Development
                            Department, Mantralaya, Mumbai & Ors. )

         Office Notes, Office Memoranda                      Court's or Judge's orders
         of Coram, Appearances, Court's
         orders     or    directions and
         Registrar's orders


                                 Mr. R.R. Dawda, Advocate for the Petitioner.
                                 Mr. S.M. Ukey, Addl.GP for the Respondent Nos. 1 & 2/State.
                                 Mrs. Kirti Satpute, Advocate for the Respondent No.3.




                                 CORAM:        AVINASH G. GHAROTE AND
                                               URMILA JOSHI-PHALKE, JJ.

DATED : 11th SEPTEMBER, 2023

Heard Mr. Dawda, learned counsel for the petitioners, Mr. Ukey, learned Addl.GP for the respondent Nos. 1 and 2/State and Mrs. Satpute, learned counsel for the respondent No.3.

2. The affidavit by Mr. Ukey, learned Addl.GP for the respondent Nos. 1 and 2/State, is taken on record.

3. The petition challenges the communication dated 12.05.2009 issued by the respondent No.3 and specifically condition Nos. 2 and 6 incorporated therein (page 39), on the ground, that similar conditions which were imposed in the communication dated 03.05.2011 vide condition Nos. 1 and 3, which are similar in nature to the present condition Nos. 2 2 43A.WP.7343-2022.odt

and 6 in the present petition, have been struck down by this Court in the judgment dated 27.01.2022 passed in Writ Petition No.5355/2019 Ayubkhan Dildarkhan Pathan & Ors. Vs. State of Maharashtra and Ors., with connected matters.

4. Mr. Ukey, learned Addl.GP for the respondent Nos. 1 and 2/State and Mrs. Satpute, learned counsel for the respondent No.3, do not dispute the similarity of the aforesaid two conditions and the fact that the issue is covered in judgment in Ayubkhan Dildarkhan Pathan (supra), considering which, condition Nos. 2 and 6 in the impugned communication dated 12.05.2009 (page 39), are hereby quashed and set aside, in view of what has been held in Ayubkhan Dildarkhan Pathan (supra).

5. The Petition is accordingly allowed in the above terms of what has been held and directed in Ayubkhan Dildarkhan Pathan (supra). No costs.

(URMILA JOSHI-PHALKE, J.) (AVINASH G. GHAROTE, J.)

SD. Bhimte

Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 12/09/2023 10:27:22