All Writ Petition (Civil)

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 5610 OF 2021 Somnath Baburao Mayrane. … Petitioner. V/s. The State of Maharashtra. … Respondent. Mr.J.P.Yagnik, APP for the Respondent- State. CORAM : NITIN JAMDAR AND N.R. BORKAR, JJ. DATE : 29 July 2022. P.C. : The learned APP informs that the Petitioner was released on emergency (Covid-19) parole but he has not returned back and is absconding. As per the Government Resolution dated 4 May 2022, the said policy is discontinued. Therefore, no relief can be granted. Writ petition is rejected. (N.R. BORKAR, J.) (NITIN JAMDAR, J.)

Order - Status 7: ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.8 OF 2011 Pradip Shankar Rao @ Shervegar. ....Petitioner Vs. The State of Maharashtra & anr. ....Respondents None for petitioner. Mr. K.V.Saste, APP for State. CORAM: A.M.KHANWILKAR AND A.R.JOSHI, JJ. DATED: JANUARY 31, 2011. P.C. None appears for the Petitioner. Office note indicates that office objections have not been removed. We grant one week's time to the Petitioner by way of indulgence to remove office objections, failing which the Writ Petition to stand dismissed for non-prosecution without further reference to the court. Subject to above, Writ Petition to proceed as per its turn under appropriate caption. (A.R.JOSHI, J.) (A.M.KHANWILKAR, J.)

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2057 OF 2014 Shrikant Hanmant Bijargi … Petitioner Vs. State of Maharashtra … Respondent Through post. None for petitioner. Ms. M. H. Mhatre, APP for Respondent-State. CORAM : S. S. SHINDE & MILIND N. JADHAV, JJ. DATE : JUNE 09, 2022 P.C. : . We appoint Advocate Mr. Pranot P. Pawar to represent the petitioner in the petition. Issue notice to the respondent. Ms. Mhatre, learned APP waives service of notice for the respondent and prays for three weeks' time to procure the instructions. At her request, stand over to 06.07.2022. Registry shall handover the complete set of papers to the appointed Advocate Mr. Pranot P. Pawar on or before 27.06.2022. (MILIND N. JADHAV, J.) (S. S. SHINDE, J.) Minal Parab

Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2057 OF 2014 Shrikant Hanmant Bijargi … Petitioner V/s. The State Of Maharashtra. … Respondent None for Petitioner. Mr. H. J. Dedhia APP, for Respondent-State. CORAM : A.S. GADKARI AND MILIND N. JADHAV, JJ. DATE : 28 th SEPTEMBER, 2022. P.C. : At the request of learned APP, stand over to 30th September, 2022. [MILIND N. JADHAV, J.] [A.S. GADKARI, J.]

Order - Status 11: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. WRIT PETITION NO. 2057 OF 2014 Shrikant Hanmant Bijargi ....PETITIONER V/S The State Of Maharashtra ....RESPONDENT None for the Petitioner. Mr. H.J.Dedhia, APP for the Respondent-State. CORAM : HON'BLE SHRI JUSTICE A.S. GADKARI & HON'BLE SHRI JUSTICE MILIND N. JADHAV, JJ DATE : 30th September, 2022 P.C. : At the request of the learned APP for the Respondent - State, S.O. to 07/10/2022 . ( FOR REGISTRAR JUDICIAL - I )

Order - Status 14: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2057 OF 2014 Shrikant Hanmant Bijargi … Petitioner V/s. The State Of Maharashtra … Respondent Mr. Shashikant P. Chaudhari a/w Mr. Pranot P. Pawar Appointed Advocate for Petitioner. Mr. Ajay Patil APP, for Respondent-State. CORAM : A.S. GADKARI AND MILIND N. JADHAV, JJ. DATE : 7 th OCTOBER, 2022. P.C. : Learned APP on instructions from Jailor (Grade-I), Yerwada Central Prison, Pune submitted that, Petitioner expired on 6th May, 2017 while undergoing treatment at J. J. Hospital, Mumbai. In view thereof, present Petition is abated and accordingly disposed off. [MILIND N. JADHAV, J.] [A.S. GADKARI, J.]

Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 5380 OF 2006 Jayprakash Kalicharan ....Petitioner V/S The President- Rashtrabhasha Mahavidyalaya And Ors., ....Respondent Shri.Amogh Singh i/by Anil D.yadav For Petitioner Shri A.R.Metkari, AGP for State. CORAM : A.A. SAYED, J DATE : 29th November, 2016 P.C. : To be placed on the Final Hearing Board in the week commencing from 05.12.2016. To be kept a/w W.P.Nos.7975/2006 and 5393/2006. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 5380 OF 2006 Jayprakash Kalicharan ....Petitioner V/S The President- Rashtrabhasha Mahavidyalaya And Ors., ....Respondent WITH WRIT PETITION NO. 7975 OF 2006 Shaileshkumar Radheshyam Dubey ....Petitioner V/S The President- Rashtrabhasha Mahavidyalaya And Ors. ....Respondent WITH WRIT PETITION NO. 5393 OF 2006 Shivshyam Vijaynarayan Singh ....Petitioner V/S The President- Rashtrabhasha Mahavidyalaya And Ors. ....Respondent None for Petitioner None for Respondent CORAM : RAJESH G. KETKAR, J DATE : 16th June, 2017 P.C. : None for Petitioners/Respondent,matter to be placed in the week commencing from 10/07/2017. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 12: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 5380 OF 2006 Jayprakash Kalicharan ....Petitioner V/S The President- Rashtrabhasha Mahavidyalaya And Ors., ....Respondent WITH WRIT PETITION NO. 7975 OF 2006 Shaileshkumar Radheshyam Dubey ....Petitioner V/S The President- Rashtrabhasha Mahavidyalaya And Ors. ....Respondent WITH WRIT PETITION NO. 5393 OF 2006 Shivshyam Vijaynarayan Singh ....Petitioner V/S The President- Rashtrabhasha Mahavidyalaya And Ors. ....Respondent Adv. Anil K.Singh i.b. ADV.Anil D.yadav For Petitioner Ms.kumud A. Bhatia For R.no.1 ( V.p. Filed) Government Pleader For R.no.3 For Respondent CORAM : RAJESH G. KETKAR, J DATE : 13th July, 2017 P.C. : At the request of learned advocate for the petitioners, Stand over to 20/07/2017 as a last chance. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 14: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 5380 OF 2006 Jayprakash Kalicharan ....Petitioner V/S The President- Rashtrabhasha Mahavidyalaya And Ors., ....Respondent WITH WRIT PETITION NO. 7975 OF 2006 Shaileshkumar Radheshyam Dubey ....Petitioner V/S The President- Rashtrabhasha Mahavidyalaya And Ors. ....Respondent WITH WRIT PETITION NO. 5393 OF 2006 Shivshyam Vijaynarayan Singh ....Petitioner V/S The President- Rashtrabhasha Mahavidyalaya And Ors. ....Respondent CORAM : RAJESH G. KETKAR, J DATE : 20th July, 2017 P.C. : Due to paucity of time the matter is adjourned for 10/08/2017. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 16: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 5380 OF 2006 Jayprakash Kalicharan ....Petitioner V/S The President- Rashtrabhasha Mahavidyalaya And Ors., ....Respondent WITH WRIT PETITION NO. 7975 OF 2006 Shaileshkumar Radheshyam Dubey ....Petitioner V/S The President- Rashtrabhasha Mahavidyalaya And Ors. ....Respondent WITH WRIT PETITION NO. 5393 OF 2006 Shivshyam Vijaynarayan Singh ....Petitioner V/S The President- Rashtrabhasha Mahavidyalaya And Ors. ....Respondent Adv. Anil Singh i.b. Adv.Anil D.yadav For Petitioner Ms.kumud A. Bhatia For R.no.1 ( V.p. Filed) Government Pleader For R.no.3 For Respondent CORAM : PRASANNA B. VARALE, J DATE : 10th August, 2017 P.C. : At the request of learned advocate for the petitioners, Stand over to 18/08/2017 ( FOR REGISTRAR JUDICIAL - I )

Order - Status 18: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 5380 OF 2006 Jayprakash Kalicharan ....Petitioner V/S The President- Rashtrabhasha Mahavidyalaya And Ors., ....Respondent WITH WRIT PETITION NO. 7975 OF 2006 Shaileshkumar Radheshyam Dubey ....Petitioner V/S The President- Rashtrabhasha Mahavidyalaya And Ors. ....Respondent WITH WRIT PETITION NO. 5393 OF 2006 Shivshyam Vijaynarayan Singh ....Petitioner V/S The President- Rashtrabhasha Mahavidyalaya And Ors. ....Respondent CORAM : PRASANNA B. VARALE, J DATE : 18th August, 2017 P.C. : Matter to be placed in the week commencing from 28/08/2017. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 21: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5380 OF 2006 Jaiprakash Kalicharan … Petitioner V/s. The President-Rashtabhasha Mahavidyalaya & Ors. … Respondents ----- Mr.Amogh Singh i/b. Mr.Anil D.Yadav, for the Petitioner. Ms.Kumud A.Bhatia, for Respondent No.1. Mr.P. P. Pujari, AGP for the State. C0RAM : G. S. KULKARNI, J. DATE : 28 October, 2021 PC : Learned Counsel for the petitioner and the learned Counsel for respondent nos.1 have tendered the consent terms stating that the disputes and differences between the parties stand settled in terms of the consent terms. The consent terms are signed by the petitioner and by the President of respondent no.1 on behalf of respondent no.1. The signatures of the parties are identified their respective Advocates who have also initialed the consent terms. There is no dispute on the signatures as made on the consent terms. The consent terms are taken on record and marked "X" for identification. Writ Petition stands disposed of in terms of the consent terms. No costs. (G. S. KULKARNI, J.) Digitally PRASHANT VILAS RANE Date: 2021.11.01 20:02:01 +0530 PRASHANT VILAS RANE

Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION W.P. NO. 6159 OF 2009 Deccan Education Society, Pune and Anr. ..Petitioners Vs. Shri.Ashutosh Nandkishore Ranade and Ors. ..Respondents .... Mr. V.D.Borwankar Adv. for Petitioners Mr. A.I.Khemani AGP for Respondent No.2 CORAM : SMT.V.K.TAHILRAMANI,J. DATE : AUGUST 25, 2009 .... P.C.: Notice to respondent no.1 returnable on 9th September, 2009. In addition to that, the learned advocate for the petitioner to serve respondent no.1 by private service and file affidavit of service. Learned AGP waives service of notice for respondent no.2. [ SMT.V.K.TAHILRAMANI,J.]

Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION W.P. NO.6159 OF 2009 Deccan Education Society Fergusson CollegeMr. and Ors. ..Petitioners Vs. Shri.Ashutosh Nandkishore Ranade and Ors. ..Respondents .... Mr.V.D.Borwankar Adv. for Petitioners Mr.A.I.Khemani AGP for Respondent No.2. Mr.S.M.Joshi Adv. for Respondent No.3. .... CORAM : SMT.V.K.TAHILRAMANI,J. DATE : SEPTEMBER 09, 2009 P.C.: The learned advocate for the Petitioner states that he will file affidavit of service by 17.9.2009. Time to complete the inquiry, is extended upto 30.9.2009. S.O. 23.9.2009. [ SMT.V.K.TAHILRAMANI,J.]

Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6159 OF 2009 .... Deccan Education Society & Anr. ...Petitioners V/s. Ashutosh Nandkishore Ranade & Ors. ...Respondents. .... Mr.V.D.Borwankar, Advocate, for the petitioners. Mr.A.M.Joshi, Advocate, for respondent no.1. CORAM : R.S.MOHITE, J. DATE : 13th NOVEMBER, 2009. P.C. The employee has filed a cross petition bearing Writ Petition (Stamp) No. 20904 of 2009, which is not on board today. By consent, these two writ petitions to be kept together for admission. Stand over to 19th November 2009. (R.S.MOHITE, J.)

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT Petition No. 1360 OF 2008 KailasPetitioner Balkrishna Patil (Through Jail) Vs. TheRespondent State of Magistrate & Ors. Mrs. S. D. Shinde, for the Respondent. CORAM : BILAL NAZKI, & A. A. KUMBHAKONI, J. DATE : AUGUST 4, 2008. PC :- 1.The petitioner has filed the petition, seeking his release after serving sentence of 14 years, as life convict. Earlier he had moved an application which was rejected by the respondents on 12th April, 2006. On the last occasion, we had asked the learned Public Prosecutor to file a reply, stating as to whether the petitioner is entitled to be released in terms of the policy framed in April 2008. The reply has not been filed. Further time was sought to file the reply. 2.In the circumstances, we direct the respondents to consider the case of the petitioner for his release in terms of the policy framed in April 2008 and pass the speaking order within two weeks from today. 3.After passing of any such order, pursuant to above direction, such order be placed before us. S.O. to 20th August, 2008. Sd/- [ BILAL NAZKI, J.] Sd/- [ A. A. KUMBHAKONI, J.]

Order - Status 11: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE WRIT PETITION NO. 1360 OF 2008 l -1- - Office Notes, Office Memoranda l of Coram, appearances, Court's l Orders or directions and l Registrar's orders. l Court's or Judges' Order i -i- - Mrs. P.H.Kantharia A.P.P. for the State. CORAM: S. B. MHASE & A. A. SAYED, JJ. DATE: October 8, 2008. P.C. Mr. Ashutosh Gole is hereby appointed as an advocate to conduct the petition on behalf of the accused who is in jail. Office is directed to furnish copy of the petition to the appointed advocate. S.O. to 14th October 2008. (A.A.SAYED, J.) (S.B.MHASE, J.)

Order - Status 19: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1360 OF 2008 Kailas..Petitioner Balkrishna Patil V/s The..Respondents State of Maharashtra & Ors. Mr.Ashutosh Gole for the Petitioner Dr. F.R. Shaikh, APP for the State CORAM : S.B.MHASE & A.A. SAYED JJ. DATE : 17TH NOVEMBER, 2008 P.C. 1.Heard. 2.Rule. Rule returnable immediately with the consent of the parties. 3.The petitioner has approached this Court under Article 226 of the Constitution of India for release from the jail in view of the provisions of Section 432, 433 of Criminal Procedure Code, remitting the entire portion of the sentence for his premature release under 14 years rule. The petitioner is in jail for a period as follows:- (a)Under trial period two years, 6 months, 20 days. (b)Actual sentence under gone 13 years, 7 months, 15 months. (c)Ordinary remissions and other remissions including State remissions 6 years, 1 month, 29 days. Total period with remissions is 22 years, 4 months, 4 days. 4.This was the position on the date when the return was filed by the State on 21st October, 2008. At that time the petitioner was classified under category 3(b) of the guide-lines dated 11/5/1992. But with new guide-lines introduced on 11th April 2008, this Court directed the respondent to consider the case of the petitioner under new guide-lines. The respondents accordingly considered the case of the petitioner under new guide-lines and passed an order dated 26th August, 2008 classifying him under category 4(c) of Annexure-1 and directed that he should be released after completion of the 24 years with remission subject to 14 years of actual imprisonment. 5.It is admitted position that the petitioner has undergone actual imprisonment for more than 14 years. The only question which requires to be considered is as to how the petitioner is to be categorised and after completion of how many years with remission the petitioner is to be released. 6.Under new guide-lines of 2008 the petitioner has been categorised in category 4 viz. "for other reasons" and in sub-category, he has been categorised in 4(c) viz. "crime committed (a) above but with the premeditation or by gang or by a person having criminal history" and the punishment is shown to be 24 years in the said Annexure-1. What is important to be taken into consideration is that the classification of the accused under category 4 is basically incorrect, because from the final noting which have been prepared by the State, it appears that the deceased Ramesh was involved in criminal cases and as against him there were several offences registered and chapter cases were also filed. 7.From the facts of the case it transpires that some persons from the Mumbai desired to purchase agricultural property at Madhi and it is alleged that in order to see that those transaction are cleared, the deceased Ramesh was indulging in gundagiri and therefore the accused persons have come together and have committed the murder of the deceased. Thus, the act of murder has taken place as a result of land dispute. When the murder is committed in relation to land dispute, the same has been categorised in category 3 viz " murder arising out of land dispute, family feuds, family prestige and superstition". Thus the categorisation by the respondents into category 4 is not just and proper. 8.The offence committed by the accused thus falls in category 3 as stated above. Since many persons have come together and have indulged in the said murder we further find the offence falls in sub-category (b) viz. "the crime committed as above with premeditation either individual or by gang". Therefore, assuming that the crime has been committed with premeditation still offence will fall under category 3(b) and not category 4(c) and thus we find that the order which has been passed by the respondents categorising the petitioner into category 4(c) by order dated 26th August, 2008 is not just and proper and we set aside the said order. 9It is also equally admitted position that with the remission the petitioner has completed more than 22 years imprisonment. Both the conditions are therefore satisfied i.e the petitioner has undergone actual punishment for 14 years and he has undergone 22 years with all remissions at his credit. Therefore, the petitioner is entitled to be released from the jail. 10.We therefore direct the respondents that giving benefit of sections 432 and 433 of Cr.P.C. and petitioner being classified into category 3(b),of the guide-lines dated 11-04-2008, he should be released forthwith, if not required in any other case. 11.Rule is made absolute in terms above and the petition is disposed of. ( A.A. SAYED, J.) (S.B. MHASE, J.)

Order - Status 6: IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6610 OF 2004 Prakashanand Rupadevi Trust ... Petitioner versus Narottamananda Guru ... ... Gopalanandaji Brahmchari ... Respondent Mr. G.S. Godbole for Mr. P.R. Arjunwadkar, for the Petitioner. CORAM : A.M.KHANWILKAR,J. 19th August 2004 P.C.: . Issue notice before admission returnable six weeks. Petitioner to serve the Respondent. That be done either personally or by speed post/courier/e-mail/fax and file affidavit of service on or before the returnable date, failing which the petition to stand dismissed for non-prosecution without further reference to the Court. . Status quo as of today be maintained till further orders. (A.M.KHANWILKAR,J.)

Order - Status 11: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.6610 OF 2004 Mr.G.S.Godbole i/b P.R.Arjunwadkar for the Petitioner. Office Notes, Office Memoranda of Coram, appearances, Court's order or directions Court's or Judge's orders ¦ ¦ ¦ CORAM: D.K.DESHMUKH, J. ¦ DATED: 6TH JULY,2005 P.C.: ... Both the courts below have concurrently found that the Plaintiff is not entitled to temporary injunction that he was seeking. In any case, perusal of the application shows that the temporary injunction was sought in such wide terms that no court should pass an order in favour of the Plaintiff. Petition has no substance. It is rejected.