Mrs. Sarala Daniel Gajbhiv vs The State Of Maharashtra Thru The ...
2024 Latest Caselaw 14585 Bom

Bombay High Court

Mrs. Sarala Daniel Gajbhiv vs The State Of Maharashtra Thru The ... on 7 May, 2024

Author: A.S. Chandurkar

Bench: A.S. Chandurkar

      Digitally
      signed by
      SNEHA
SNEHA ABHAY
ABHAY DIXIT
DIXIT Date:
      2024.05.08
      14:02:17
      +0530



                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CIVIL APPELLATE JURISDICTION

                                               WRIT PETITION NO.11807 OF 2022
                   Sarala Daniel Gajbhiv                                              .. Petitioner
                            Vs.
                   The State of Maharashtra and Ors.                                  .. Respondents

Mr. Siddesh Pilankar with Dr. Uday P. Warunjikar, Advocates for the Petitioner.

Mr. N.C. Walimbe, Additional Government Pleader, with Smt. R.A. Salunkhe, Assistant Government Pleader for the Respondent-State of Maharashtra.

Mr. D.D. Rananaware, Advocate for Respondent No.3. Mr. Pralhad Paranjape with Mr. Manish Kelkar, Advocates for Respondent No.4.

CORAM : A.S. CHANDURKAR & JITENDRA JAIN, JJ DATE : 7TH MAY, 2024.

P.C. :

1. We have heard the learned counsel for the parties for some time.

The learned counsel for the petitioner has referred to the judgment dated

1st March 2022 in Civil Writ Petition No.3419 of 2021 (Vijay Sadashiv

Gaikwad Vs. The State of Maharashtra & Ors.), wherein a similar issue has

been considered. After noting the fact that a person with disability cannot

be put at a disadvantage, a direction was issued to respondent nos.1 and 4

in that writ petition to identify an appropriate site not less in area than the

site that was being occupied by the said petitioner previously at some

State Transport Stand in the Pune Metropolitan Region.

906-WP-11807-2022.doc Dixit

2. We are inclined to issue a similar direction in the present case since

we find that the petitioner is somewhat similarly situated. Accordingly,

respondent nos.1 and 2 herein are directed to identify an appropriate site

with somewhat similar area to the site that was occupied by the petitioner

earlier.

3. Stand over to 18th June 2024.

[ JITENDRA JAIN, J. ] [ A.S. CHANDURKAR, J. ]

906-WP-11807-2022.doc Dixit