Bombay High Court
Prakash Tukaram Mate And Ors vs The State Of Maharashtra And Ors on 20 June, 2022
Author: Madhav J. Jamdar
Bench: G.S. Patel, Madhav J. Jamdar
32-ASWP-12721-2019 WITH WP-12454-2017 WITH WP-1536-2017 WITH WP-1653-2019
WITH WP-1693-2019 WITH WP-1657-2019+.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 12721 OF 2019
Bazzardev Parmeshwar Sadh ...Petitioner
Versus
State of Maharashtra through its Secretary & Ors ...Respondents
WITH
WRIT PETITION NO. 12454 OF 2017
Nitin Padmakar Deshpande & Anr ...Petitioners
Versus
State of Maharashtra through its Secretary & Ors ...Respondents
WITH
WRIT PETITION NO. 1536 OF 2017
SHEPHALI
SANJAY
MORMARE
Valuable Properties Pvt Ltd through the Director ...Petitioners
& Anr
Versus
Digitally signed
by SHEPHALI
SANJAY
State of Maharashtra through its Secretary & Ors ...Respondents
MORMARE
Date: 2022.06.20
15:39:07 +0530
WITH
WRIT PETITION NO. 1653 OF 2019
Pandharinath Vithal Jaid ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
Page 1 of 24
20th June 2022
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WITH
WRIT PETITION NO. 1693 OF 2019
Mahendra Maruti Satpute ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 1657 OF 2019
Vithal Godaji Jaid & Ors ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 1659 OF 2019
Bandu Vitthal Bhosale & Anr ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 1660 OF 2019
Shankar Ganpat Dore & Anr ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
Page 2 of 24
20th June 2022
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WRIT PETITION NO. 1659 OF 2019
Bandu Vitthal Bhosale & Anr ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 1660 OF 2019
Shankar Ganpat Dore & Anr ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 1694 OF 2019
Mahadu Bhau Jaid ...Petitioner
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 7153 OF 2022
Chindhu Rama Pardhi & Ors ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
Page 3 of 24
20th June 2022
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WRIT PETITION NO. 1661 OF 2019
Sunil Narayan Jaid & Ors ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 1662 OF 2019
Shankar Baburao Rakshe ...Petitioner
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 1663 OF 2019
Shivram Babu Vavare & Ors ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 1664 OF 2019
Balasaheb Rambhau Bengade & Ors ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 1665 OF 2019
Page 4 of 24
20th June 2022
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Ramdas Govind Gundhal ...Petitioner
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 1666 OF 2019
Jayram Kondaji Jaid ...Petitioner
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 7154 OF 2022
Bhika A Gundhal & Ors ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 1667 OF 2019
Dattu Mahadu Vavare & Ors ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 7151 OF 2022
Mahadu Bhau Jaid & Ors ...Petitioners
Page 5 of 24
20th June 2022
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Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 1668 OF 2019
Prabhakar Chintu Jaid & Ors ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 1669 OF 2019
Baburao Tukaram Satpute & Ors ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 1670 OF 2019
Ragunath Bhagoji Jaid & Ors ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 1671 OF 2019
Tukaram Rajaram Jaid & Ors ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Page 6 of 24
20th June 2022
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Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 1672 OF 2019
Laxman Baburao Rakshe & Ors ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 1673 OF 2019
Pandurang D Jaid & Ors ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 1674 OF 2019
Shashikant Vasant Jaid & Ors ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 7152 OF 2022
Shankar Bhikaji Jaid & Ors ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
Page 7 of 24
20th June 2022
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WITH
WRIT PETITION NO. 1675 OF 2019
Tukaram Rajaram Jaid & Ors ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 1676 OF 2019
Ramdas Maruti Jaid & Ors ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 1677 OF 2019
Namdev Vakil Pokharkar ...Petitioner
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 1678 OF 2019
Faujdar M Pokharkar & Anr ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
Page 8 of 24
20th June 2022
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WITH
WRIT PETITION NO. 1742 OF 2019
Dhondiba Babu Bhor ...Petitioner
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 1714 OF 2019
Jayram M Bhor & Anr ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 10245 OF 2018
Atish Solanki ...Petitioner
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 12456 OF 2017
Prakash Tukaram Mate & Ors ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
Page 9 of 24
20th June 2022
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WITH
WRIT PETITION NO. 2182 OF 2019
Krishnamurti Foundation India Thorough ...Petitioner
Administrative Officer
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 8397 OF 2018
Kishor Ramchandra Patil & Ors ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 5790 OF 2018
Kamran Kadir Shaikh & Ors ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 4700 OF 2019
Maruti Hariba Sabale ...Petitioner
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
Page 10 of 24
20th June 2022
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WITH
WRIT PETITION NO. 4675 OF 2019
Bebi Vithal Ladake & Anr ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 7162 OF 2022
Vitthal Bhagu Ladke & Anr ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 4676 OF 2019
Vitthal Yashwant Pardhi & Ors ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 4678 OF 2019
Kisan A Lohkare ...Petitioner
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
Page 11 of 24
20th June 2022
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WRIT PETITION NO. 7163 OF 2022
Shankar Baban Naikade ...Petitioner
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 4771 OF 2019
Jijaba D Naikade & Ors ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 4772 OF 2019
Dattatray T Hule & Ors ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 4784 OF 2019
Sunil N Chavan & Ors ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 4760 OF 2019
Page 12 of 24
20th June 2022
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Ketan B Chavan & Ors ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 4761 OF 2019
Ram Chimaji Mirje ...Petitioner
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 9477 OF 2016
Rajendra Maruti Bengale ...Petitioner
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 4914 OF 2019
Ganpat B Lohkare & Ors ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 12457 OF 2016
Gopesh Investment And Trading Pvt Ltd & Anr ...Petitioners
Page 13 of 24
20th June 2022
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Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 9171 OF 2016
Radhika Chetan Mehra & Anr ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 9507 OF 2016
Dattani Estate Through Its Partners & Ors ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
CIVIL APPLICATION (ST) NO. 17821 OF 2016
IN
WRIT PETITION NO. 9507 OF 2016
Dattani Estate Through Its Partners & Ors ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 9536 OF 2016
Page 14 of 24
20th June 2022
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Brijesh Satish Dattani ...Petitioner
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
CIVIL APPLICATION (ST) NO. 17856 OF 2016
IN
WRIT PETITION NO. 9536 OF 2016
Brijesh Satish Dattani ...Petitioner
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 9501 OF 2016
Devendra S Jondhale & Ors ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 9586 OF 2016
Ranjana R Makharia ...Petitioner
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 10986 OF 2016
Page 15 of 24
20th June 2022
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Anil P Kakad & Anr ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 9506 OF 2016
Vijay M Mayadev ...Petitioner
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 9168 OF 2016
Radhesham S Agrawal ...Petitioner
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 8410 OF 2015
Saifuddin K Saria ...Petitioner
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 1856 OF 2016
Madhu P Kapoor & Ors ...Petitioners
Page 16 of 24
20th June 2022
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Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 12460 OF 2016
Madhavi M Kanetkar & Anr ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 11524 OF 2016
Bhagyashri B Datey & Anr ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 1946 OF 2016
Renu Neeraj Alias Raja Kochhar ...Petitioner
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 8861 OF 2017
Chandrakant S Choksi & Ors ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Page 17 of 24
20th June 2022
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Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 12459 OF 2016
Vinayachand Y Kothari ...Petitioner
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 12455 OF 2016
Dilipkumar V Kothari ...Petitioner
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 4368 OF 2019
Nandu A Rajput & Anr ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 3938 OF 2017
Charu Rohit Patel & Ors ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
Page 18 of 24
20th June 2022
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WITH
WRIT PETITION NO. 7581 OF 2017
Charu Rohit Patel & Ors ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 11594 OF 2015
Landmark Developers ...Petitioner
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 11596 OF 2015
Gulabrao B Karanjule & Ors ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 12757 OF 2017
Vikram R Shroff & Anr ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
Page 19 of 24
20th June 2022
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WITH
WRIT PETITION NO. 13116 OF 2017
Nitin S Palekar ...Petitioner
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 7156 OF 2022
Dattatray H Rokade ...Petitioner
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 3161 OF 2020
Gopal R Rokade ...Petitioner
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 7155 OF 2022
Ramchandra M Gadekar ...Petitioner
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
Page 20 of 24
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WRIT PETITION NO. 3165 OF 2020
Mininath K Rokade ...Petitioner
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 3167 OF 2020
Bhamabai A Dube ...Petitioner
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 7161 OF 2022
Vitthal S Naikare ...Petitioner
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 3166 OF 2020
Meghna M Naikure ...Petitioner
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 7157 OF 2022
Page 21 of 24
20th June 2022
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Harishchandra P Sapat ...Petitioner
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 7160 OF 2022
Sopan G Naikare ...Petitioner
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 7159 OF 2022
Zhamber M Rokade ...Petitioner
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 13767 OF 2017
Shantanoo V Rane & Anr ...Petitioners
Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
WITH
WRIT PETITION NO. 9240 OF 2017
Trupti Ropvatika Cooperative Society Ltd ...Petitioner
Page 22 of 24
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Versus
State of Maharashtra through Principal Secretary, ...Respondents
Revenue and Forest Department & Ors
Mr Swapnil N Kale, h/f Vijay R Shinde, for the Petitioner in
WP/1653/2019, WP/1693/2019, WP/1657/2019,
WP/1659/2019, WP/1660/2019, WP/1694/2019,
WP/7153/2019, WP/1661/2019, WP/1662/2019,
WP/1663/2019 and WP/1664/2019.
Mr Rishikesh Gherade, i/b Harshad Bhadbhade, for the Petitioner in
WP/8397/2018.
Mr Bharat Jain, i/b Economic Laws Practice in WP/10986/2016.
Mr VA Gangal, with Ashok Gade, Harshal Kulkarni & S Parab, for
the Petitioner in WP/12721/2019 & WP/9171/2016.
Mr Akshay J Kondarkar, i/b Rajesh Datar, for the Petitioner in
WP/9240/2017.
Mr Ashok T Gade, with Riya John, for the Petitioner in
WP/12721/2019.
Mr Sukand Kulkarni, for the Petitioner in WP/2210/2019,
WP/3024/2019, WP/8410/2015, WP/1946/2016,
WP/8861/2017, WP/3938/2017, WP/7581/2017,
WP/11594/2015 and WP/13116/2017.
Mr MS Bhardwaj, for Respondent No.7, UOI in WP/12460/2016,
WP/11524/2016, WP/12459/2016, WP/12455/2016 and
WP/4368/2019.
Mr AI Patel, Addl GP, with Neha Bhide, 'B' Panel Counsel, for
State in all Writ Petitions.
CORAM G.S. Patel &
Madhav J. Jamdar, JJ.
DATED: 20th June 2022
PC:-
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1. The matter will have to be adjourned sine die since an SLP has been filed against the decision of this Court in Devkumar Gopaldas Aggarwal & Ors v State of Maharashtra & Ors.1 By that decision, a Division Bench of this court inter alia distinguished the three-Judge bench decision of the Supreme Court in Godrej & Boyce Manufacturing Co Ltd & Anr v State of Maharashtra & Ors.2
2. One or more Special Leave Petitions have been filed against the decision of the High Court in Devkumar Gopaldas Aggarwal. The Supreme Court has, we are informed, passed an order of status quo until further orders.
3. Consequently, since this matter is one of those covered by the SLPs, we adjourn this matter sine die with liberty to the parties to apply after the SLPs are disposed of.
(Madhav J. Jamdar, J) (G. S. Patel, J) 1 2018 SCC OnLine Bom 2823.
2 2014 3 SCC 430.
Page 24 of 2420th June 2022