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Bombay High Court

M/S. Aai Tulja Bhavani Transport vs State Of Maharashtra And Anr on 6 January, 2022

Author: Madhav J. Jamdar

Bench: G.S. Patel, Madhav J. Jamdar

                             1-ASWP-6199-2021 WITH IA-2883-2021 WITH IA-3403-2021 WITH IA-3402-2021
                             WITH WP-5100-2021 WITH WP-6394-2021 WITH WP-6518-2021 WITH WP-6812-
                                                                                         2021+.DOC




                      Arun
                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION
                                        WRIT PETITION NO. 6199 OF 2021
                                                          WITH
                                   INTERIM APPLICATION NO. 2883 OF 2021
                                                            IN
                                        WRIT PETITION NO. 6199 OF 2021
                                                          WITH
                                   INTERIM APPLICATION NO. 3403 OF 2021
                                                            IN
                                        WRIT PETITION NO. 6199 OF 2021
                                                          WITH
                                   INTERIM APPLICATION NO. 3402 OF 2021
                                                            IN
                                        WRIT PETITION NO. 6199 OF 2021


                      Aai Tulja Bhavani Transport                                    ...Petitioner
                             Versus
                      State of Maharashtra & Anr                                  ...Respondents


ARUN
RAMCHNDRA
SANKPAL
                                                          WITH
Digitally signed by
ARUN RAMCHNDRA
                                        WRIT PETITION NO. 5100 OF 2021
SANKPAL
Date: 2022.01.06
15:03:53 +0530



                      Mariwala Bhatia Co-operative Consumer Society                  ...Petitioner
                      Ltd
                           Versus
                      The State of Maharashtra & Anr                              ...Respondents



                                                         Page 1 of 7
                                                      6th January 2022
    1-ASWP-6199-2021 WITH IA-2883-2021 WITH IA-3403-2021 WITH IA-3402-2021
   WITH WP-5100-2021 WITH WP-6394-2021 WITH WP-6518-2021 WITH WP-6812-
                                                               2021+.DOC




                                WITH
              WRIT PETITION NO. 6394 OF 2021

HP Ghumare through Proprietor Haridas S/o                  ...Petitioner
Pralhad Ghumare
      Versus
The State of Maharashtra through Principal              ...Respondents
Secretary & Anr

                                WITH
              WRIT PETITION NO. 6518 OF 2021

Patil Transport Service through Partner Hanesh             ...Petitioner
Dilip Patil
       Versus
The State of Maharashtra through Secretary &            ...Respondents
Ors

                                WITH
              WRIT PETITION NO. 6812 OF 2021
                                WITH
         INTERIM APPLICATION NO. 3354 OF 2021
                                  IN
              WRIT PETITION NO. 6812 OF 2021

SB Konapure through Partners and POA                       ...Petitioner
Shivanand Basappa Konapure
      Versus
The State of Maharashtra through GP & Ors               ...Respondents


                                WITH


                               Page 2 of 7
                            6th January 2022
    1-ASWP-6199-2021 WITH IA-2883-2021 WITH IA-3403-2021 WITH IA-3402-2021
   WITH WP-5100-2021 WITH WP-6394-2021 WITH WP-6518-2021 WITH WP-6812-
                                                               2021+.DOC




              WRIT PETITION NO. 8550 OF 2021

Nobel Carrying Corporation through its Partner             ...Petitioner
Mohiyoddin Abdulfaiz Sultan
     Versus
The State of Maharashtra & Ors                          ...Respondents

                                WITH
              WRIT PETITION NO. 8551 OF 2021

HP Ghumare through its Proprietor Haridas S/o              ...Petitioner
Pralhad Ghumare
      Versus
The State of Maharashtra & Anr                          ...Respondents

                                WITH
              WRIT PETITION NO. 8552 OF 2021

HP Ghumare through its Proprietor Haridas S/o              ...Petitioner
Pralhad Ghumare
      Versus
The State of Maharashtra & Anr                          ...Respondents

                                WITH
              WRIT PETITION NO. 8553 OF 2021

HP Ghumare through its Proprietor Haridas S/o              ...Petitioner
Pralhad Ghumare
      Versus
The State of Maharashtra & Anr                          ...Respondents

                                WITH
              WRIT PETITION NO. 8554 OF 2021




                               Page 3 of 7
                            6th January 2022
    1-ASWP-6199-2021 WITH IA-2883-2021 WITH IA-3403-2021 WITH IA-3402-2021
   WITH WP-5100-2021 WITH WP-6394-2021 WITH WP-6518-2021 WITH WP-6812-
                                                               2021+.DOC




Shobhana Transport Company                                 ...Petitioner
     Versus
The State of Maharashtra                                 ...Respondent

                                WITH
              WRIT PETITION NO. 8598 OF 2021

Gupta Freight Carrier through proprietor Vishal            ...Petitioner
Pannalal Gupta
     Versus
The State of Maharashtra & Anr                          ...Respondents

                                WITH
              WRIT PETITION NO. 8604 OF 2021

Gupta Freight Carrier through its proprietor               ...Petitioner
Vishal Pannslsl Gupta
       Versus
The Executive Director, Food Corporation of             ...Respondents
India, West Zone, Zonal Office, West, Mumbai

                                WITH
          CONTEMPT PETITION NO. 479 OF 2021

Shobhana Transport Company, through partner                 ...Petitioner
Sanjay s/o Tukaram Mahajan
      Versus
Principal Secretary, Food and Civil Supply
Consumer Protection Department Government
of Maharashtra                                          ....Respondent



Mr Ravi Kadam, Senior Advocate with Vishwajeet Sawant,


                               Page 4 of 7
                            6th January 2022
      1-ASWP-6199-2021 WITH IA-2883-2021 WITH IA-3403-2021 WITH IA-3402-2021
     WITH WP-5100-2021 WITH WP-6394-2021 WITH WP-6518-2021 WITH WP-6812-
                                                                 2021+.DOC




     Senior Advocate, with Rohan Kadam & Vishwajeet Mohite, i/b
     Sidddharth R Kapre, for the Petitioner in WP-6199/2021.
Mr Krishna Agrawal, i/b Talekar & Associates, for the Petitioner in
     WP-6394/2021.
Mr Akshay Petkar, with Aniket Malu, for Petitioner in WP-
     6518/2021.
Mr Ajita Mishra, with Ms Sadhana & N Srivastava, i/b Maniar
     Srivastava, for Applicant in IA-3403/2021.
Ms Ayodya Patki, i/b Ashish Sonawane, for Applicant in IA-
     2883/2021.
Mr AA Kumbhkoni, Advocate General, with PP Kakade, GP, AP
     Shinde, 'B' Panel Counsel & RP Kadam, AGP, for Respondent-
     State, in all Writs Petitions.
Mr Sudhir Halli, i/b Ruchira Halli, for Petitioner in WP-6812/2021.
Dr Abhinav Chandrachud, with Yash Dewal, i/b Ajay Patil, for
     Respondent No.5 in WP/8550/2021.


                        CORAM        G.S. Patel &
                                     Madhav J. Jamdar, JJ.
                        DATED:       6th January 2022
PC:-


1. The entire group has been tagged by an order of the Hon'ble the Chief Justice. In three matters, though transferred to the Principal Seat from the Aurangabad Bench, papers have not yet been received. These are Writ Petition No. 11111 of 2021, Writ Petition (St) No. 27238 of 2021 and Writ Petition (St) No. 27236 of 2021. The Registry is requested to urgently call for these papers from Aurangabad and to have them renumbered here if necessary. They are to be shown on board along with the rest of the group on the next date.

Page 5 of 7

6th January 2022 1-ASWP-6199-2021 WITH IA-2883-2021 WITH IA-3403-2021 WITH IA-3402-2021 WITH WP-5100-2021 WITH WP-6394-2021 WITH WP-6518-2021 WITH WP-6812- 2021+.DOC

2. We are told that Writ Petition No. 8604 of 2021 is unrelated to the issues raised in the rest of the group. It is to be detagged and delinked and it is not to be listed on the next date.

3. Given the very large number of Petitions and so that there is no further delay, all pleadings in all matters are to be completed on or before 13th January 2022. In the matters where papers are yet to be received from Aurangabad, Rejoinders are to be permitted by the Registry as soon as the papers are received.

4. No further Affidavits are to be accepted by the Registry after 13th January 2022.

5. We will list the entire group on a priority basis along with all IA on 28th January 2022.

6. Previous interim orders will continue until the next date.

WRIT PETITION NO. 8550 OF 2021:

7. We permit the 5th Respondent to file and serve a Further Affidavit in response to the Petitioner's Further Affidavit. This is to be done on or before 13th January 2022.

Page 6 of 7

6th January 2022 1-ASWP-6199-2021 WITH IA-2883-2021 WITH IA-3403-2021 WITH IA-3402-2021 WITH WP-5100-2021 WITH WP-6394-2021 WITH WP-6518-2021 WITH WP-6812- 2021+.DOC

8. All concerned will act on production of a digitally signed copy of this order.

(Madhav J. Jamdar, J)                                    (G. S. Patel, J)




                                 Page 7 of 7
                              6th January 2022