Bombay High Court
Manoj Keru Bhosale And Ors vs The State Of Maharashtra Thr Principal ... on 22 February, 2024
Author: G. S. Kulkarni
Bench: G. S. Kulkarni
92 WP7121-23GR.DOC
Mohite
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 7121 OF 2023
AND
INTERIM APPLICATION (ST.) NO.4144 OF 2024
Harjat Peer Malik Rehan Mira Saheb Dargah,
Vishalgad ... Petitioner
Versus
The State of Maharashtra Thr. Its Principal Secretary
and Ors. ...Respondents
WITH
WRIT PETITION (ST.) NO.16583 OF 2023
Manoj Keru Bhosale & Ors. ... Petitioner
Versus
The State of Maharashtra Thr. Its Principal Secretary
and Ors. ...Respondents
Mr.Satish B. Talekar a/w Ms.Madhavi Ayyappan a/w Mr.Shubham Gurav
i/b M/s.Talekar and Associates for the Petitioner in WP/7121/2023
Mr.Vaibhav Ugle for the Petitioner in WP(St.)/16583/2023
Ms.Shruti D. Vyas, Addl. G.P. a/w Mr.Sachin H. Kankal, A.G.P. for the
State
Mr.Shridhar Patil for the Respondent Nos.7 and 8
Mr.S.M.Gorwadkar, Senior Counsel a/w Mr.Akshay Deshmukh,
Mr.Gurudas Gorwadkar, Mr.Shashank Dubey, Mr.Ghanshyam Mishra,
Mr.Akash Kotecha, Mr.Ritvik Joshi i/b Mr.Shrirang Katneshwarkar for
the Intervenor / Applicant
_______________________
CORAM: G. S. KULKARNI &
FIRDOSH P. POONIWALLA, JJ.
DATED: 22nd February, 2024
_______________________
P.C.
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92 WP7121-23GR.DOC
1. Mr.Talekar, the learned counsel for the Petitioners would intend to file a reply to the Intervention Application filed by one Omkar Ashok Magdum, who is represented by Mr.S.M.Gorwadkar, Senior Advocate.
2. Insofar as the Petition is concerned, we are of the opinion that the Petition would require final adjudication at the admission stage. We direct the State Government and the other officers of the Respondents to file para-wise reply to the Petition within one week from today. Copy of the same be furnished to the learned counsel for the Petitioners well in advance. Rejoinder, if any is permitted to be filed to the affidavit of the State Government and to be placed on record on or before the adjourned date of hearing.
3. List the proceedings on 7th March 2024, High on Board.
4. We may also add that broadly the issues which would require our consideration in the present proceedings is as to whether the place on which the slaughter of the animals and birds is taking place, as contended by the Petitioners, is in law a place of any ancient monument, as described in the impugned communication and whether the impugned communication is applicable in regard to the actual place where religious slaughter of animals and birds is stated to take place. Additional reply affidavit which may be filed shall take into consideration such question, so that the issues can be addressed effectively, for adjudication of the proceedings.
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