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Bombay High Court

D.P. Jain And Company Infrastructure ... vs State Of Maharashtra, Thr. Princiapal ... on 18 June, 2021

Author: Manish Pitale

Bench: Manish Pitale

                                                                                              17-wp2039.21.odt
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                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           NAGPUR BENCH, NAGPUR.

                            WRIT PETN. NO. 2039 OF 2021
                        D.P. Jain & Company Infrastructure Pvt.Ltd.
                                           -Vs.-
                              State of Maharashtra and others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                                   Court's or Judge's Orders.
or directions and Registrar's orders.
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                                       Mr.C.S.Dharmadhikari, counsel for the petitioner.



                                                CORAM : MANISH PITALE, J.
                                                DATE           : 18.06.2021

                                          Hearing           was        conducted             through          video

conferencing and the learned counsel agreed that the audio and visual quality was proper.

2. The learned counsel for the petitioner points out that in identical petitions filed earlier against similar impugned order passed by the respondent-Tahsildar, this Court has already issued notice and granted interim relief, including direction to release the truck of the petitioner during the pendency of the writ petition on imposing certain conditions.

3. The said writ petitions are listed today at Sr.No.36, which include Writ Petition No.1842 of 2020 and connected petitions.

4. In view of the fact that this Court is already considering an identical challenge and interim relief has been granted in such matters, issue notice for final KHUNTE ::: Uploaded on - 18/06/2021 ::: Downloaded on - 19/06/2021 00:47:42 ::: 17-wp2039.21.odt 2/2 disposal in the present writ petition, returnable on 15/07/2021.

5. Learned AGP Ms Mayuri Deshmukh waives notice on behalf of the respondents.

6. In the meanwhile, there shall be ad interim relief in terms of prayer clause (c), subject to the petitioner depositing an amount of Rs.1,00,000/- (Rs.One Lakh Only) before the respondent No.3- Tahsildar. In view of earlier orders granting interim relief of release of truck, there shall be interim relief in terms of prayer clause (d) for release of truck bearing registration No. MH-40 CD-0355 in favour of the petitioner-company, subject to final orders in the present writ petition and subject to further condition that during the pendency of the writ petition, the petitioner-Company shall not dispose of the said truck and it would continue in the ownership of the petitioner.

JUDGE KHUNTE ::: Uploaded on - 18/06/2021 ::: Downloaded on - 19/06/2021 00:47:42 :::