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Bombay High Court

Nanda Laxman Kadam Alias Sunita ... vs The State Of Maharashtra And Others on 18 March, 2019

Bench: Sunil P. Deshmukh, R. G. Avachat

                                     1              CA-3921-19+group.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                       BENCH AT AURANGABAD

                    CIVIL APPLICATION NO.3921 OF 2019
                                    IN
                     WRIT PETITION NO. 8424 OF 2015


 Uday Prabhakarrao Deshmukh and others .. Applicants

                           versus

 Laxminarayan Chotelal Rathod and others .. Respondents

                                   WITH
                    CIVIL APPLICATION NO.3920 OF 2019
                                    IN
                     WRIT PETITION NO. 8424 OF 2015
                                   WITH
                    CIVIL APPLICATION NO.3922 OF 2019
                                    IN
                     WRIT PETITION NO. 8424 OF 2015
                                   WITH
                    CIVIL APPLICATION NO.3959 OF 2019
                                    IN
                     WRIT PETITION NO. 8424 OF 2015
                                   WITH
                    CIVIL APPLICATION NO.3960 OF 2019
                                    IN
                     WRIT PETITION NO. 8424 OF 2015
                                   WITH
                    CIVIL APPLICATION NO.3961 OF 2019
                                    IN
                     WRIT PETITION NO. 8424 OF 2015
                                   WITH
                    CIVIL APPLICATION NO.3962 OF 2019
                                    IN
                     WRIT PETITION NO. 8424 OF 2015
                                   WITH
                    CIVIL APPLICATION NO.3963 OF 2019
                                    IN
                     WRIT PETITION NO. 8424 OF 2015
                                   WITH
                    CIVIL APPLICATION NO.3964 OF 2019
                                    IN
                     WRIT PETITION NO. 8424 OF 2015




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                                   WITH
                    CIVIL APPLICATION NO.3965 OF 2019
                                    IN
                     WRIT PETITION NO. 8424 OF 2015
                                   WITH
                    CIVIL APPLICATION NO.3966 OF 2019
                                    IN
                     WRIT PETITION NO. 8424 OF 2015
                                   WITH
                    CIVIL APPLICATION NO.3967 OF 2019
                                    IN
                     WRIT PETITION NO. 8424 OF 2015
                                   WITH
                    CIVIL APPLICATION NO.3968 OF 2019
                                    IN
                     WRIT PETITION NO. 8424 OF 2015
                                   WITH
                    CIVIL APPLICATION NO.3969 OF 2019
                                    IN
                     WRIT PETITION NO. 8424 OF 2015
                                   WITH
                    CIVIL APPLICATION NO.3970 OF 2019
                                    IN
                     WRIT PETITION NO. 8424 OF 2015
                                   WITH
                    CIVIL APPLICATION NO.3971 OF 2019
                                    IN
                     WRIT PETITION NO. 8424 OF 2015
                                   WITH
                    CIVIL APPLICATION NO.3972 OF 2019
                                    IN
                     WRIT PETITION NO. 8424 OF 2015
                                   WITH
                    CIVIL APPLICATION NO.3973 OF 2019
                                    IN
                     WRIT PETITION NO. 8424 OF 2015
                                   WITH
                    CIVIL APPLICATION NO.3974 OF 2019
                                    IN
                     WRIT PETITION NO. 8424 OF 2015
                                   WITH
                    CIVIL APPLICATION NO.3975 OF 2019
                                    IN
                     WRIT PETITION NO. 8424 OF 2015




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                                   WITH
                    CIVIL APPLICATION NO.3979 OF 2019
                                    IN
                     WRIT PETITION NO. 8424 OF 2015
                                   WITH
                    CIVIL APPLICATION NO.3981 OF 2019
                                    IN
                     WRIT PETITION NO. 8424 OF 2015
                                   WITH
                    CIVIL APPLICATION NO.3982 OF 2019
                                    IN
                     WRIT PETITION NO. 8424 OF 2015
                                   WITH
                    CIVIL APPLICATION NO.3983 OF 2019
                                    IN
                     WRIT PETITION NO. 8424 OF 2015
                                   WITH
                    CIVIL APPLICATION NO.3984 OF 2019
                                    IN
                     WRIT PETITION NO. 8424 OF 2015


 Mr A.T. Patil, Advocate for applicants in C.A. No. 3921 of 2019

 Mr S. K. Barlota, advocate for applicants in C.A. Nos. 3920 and
 3922 of 2019

 Mr. D. P. Palodkar, Advocate for applicants in C. A. Nos. 3962
 and 3963 of 2019

 Mr Atul M. Karad, advocate for applicants in C. A. Nos. 3959,
 3960, 3961, 3964, 3965, 3966, 3967, 3968, 3969, 3970, 3971,
 3972, 3973, 3974, 3975, 3979, 3981, 3982, 3983 and 3984 of
 2019

 Mr A. V. Deshmukh,            Assistant   Government        Pleader      for
 respondent - State.

 Mr Anandsingh Bayas, Advocate for writ petitioners




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                                 CORAM :        SUNIL P. DESHMUKH, AND
                                                R. G. AVACHAT, JJ.
                                 DATE   :       18th   March, 2019

 ORDER :

1. There is no dispute over that the applicants in present civil applications are similarly placed as applicants in civil application no. 3842 of 2019 and other companion civil applications.

2. In view of the same, it would be expedient that in present civil applications as well, similar orders are passed.

3. As such, following order.

4. These civil applications have been moved in the wake of notice dated 09-03-2019 which are claimed to have been served on applicants herein on 14-03-2019 on the applicants. Claiming imminent threat of damage to place of their livelihood is posed under the same, applicants have come before this court, contending that before taking action under the notices/orders, they have not been heard nor they have been given any opportunity of being heard.

5. Learned assistant government pleader, on instructions, states that a report was submitted by higher officials, which has been preceded by fact finding measures. Yet, before taking ::: Uploaded on - 18/03/2019 ::: Downloaded on - 19/03/2019 06:47:05 ::: 5 CA-3921-19+group.doc action pursuant to the notices dated 09-03-2019, applicants would be heard objectively and then necessary action would be taken.

6. It is needless to refer to that the applicants are obligated to co-operate with the officers granting hearing in the matters and for this purpose, applicants to approach the concerned officers by 20-03-2019 and shall not expect any notices from the respondents for the same and make themselves available for hearing.

7. Stand over to 25-03-2019.

 R. G. AVACHAT,                                SUNIL P. DESHMUKH
    JUDGE                                            JUDGE




 pnd/-




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