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Respondent-1: Ramesh Shivaji Jadhav
Respondent-2: Anr.
Petitioner-1: The Godavari Sugar Mills Ltd. Now Known As Godavari Bio-refineries Ltd. Thr Pandurang Dalvi
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Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2516 OF 2021 Shri. Popat Baban Ghavte …. Petitioner Versus Pimpri Chinchwad Municipal Corpn. & Anr. … Respondents …...... Mr. R.M. Pethe for the Petitioner. Mr. Rohit Sakhdeo for Respondent No.1. Mr. V.M. Kulkarni a/w. Smt. A.A. Purav, AGP for for State. CORAM : SMT. SADHANA S. JADHAV AND SURENDRA P. TAVADE, JJ. DATE : 7th JULY, 2021. …...... P.C. : Learned Counsel on behalf of Respondent No.1, on instructions, submits that by an Order dated 20.04.2021 the Urban Development Department of Respondent No.1 started provisional pension to the Petitioner. Hence, the Petition is adjourned to 11.08.2021. ( SURENDRA P. TAVADE, J. ) ( SMT. SADHANA S. JADHAV, J. )
Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2516 OF 2021 Shri Popat Baban Ghavte … Petitioner V/s. Pimpri Chinchwad Municipal Corporation … Respondent ------------------- Mr. R.M. Pethe for the Petitioner. Mr. Rohit Sakhdeo for the respondent no. 1. Ms. A.A. Purav-AGP. CORAM : SMT. SADHANA S. JADHAV & SARANG V. KOTWAL, JJ. DATED : AUGUST 11, 2021. P.C. : . By consent, stand over to 6th September 2021. Learned AGP waives service for respondent no. 2 and seeks time to file Affidavit-in-reply. Affidavit-in-reply to be filed on or before 2 nd September 2021 and same shall be furnished to the petitioner as well as respondent-corporation. An oral prayer is made for 'speaking to the minutes' in respect of the order dated 7th July 2021. It is requested that 'Urban Development Department' be read as 'Corporation' and in the same order in 2nd line, the word 'Order' be read as 'Order/Communication'. A speaking to the minutes is allowed and order dated 7th July 2021 be corrected accordingly. (SARANG V. KOTWAL, J) (SMT. SADHANA S. JADHAV, J)
Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 2516 OF 2021 Shri Popat Baban Ghavte ....PETITIONER V/S Pimpri Chinchwad Municipal Corporation ....RESPONDENT Mr. R M Pethe for Petitioner Mr. Rohit Sakhdeo for Respondent No. 1 Ms. A. A. Purav AGP for R. No. 2 CORAM : HON'BLE SHRI JUSTICE PRASANNA B. VARALE & HON'BLE SHRI JUSTICE N. R. BORKAR, JJ DATE : 6th September, 2021 P.C. : Arguments are concluded. Judgment/ order is reserved. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 11: rkmore IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2516 OF 2021 Shri P Age – R/at F Adjace Dr.D.Y Ravet Shri Popat Baban Ghavte Age – 59 Years, Occupation-Retired, R/at Flat No.D-204, Runal's Royal Casa, Adjacent to Bhondwa Corner, Dr.D.Y. Patil College Road, S. No.206/4, Ravet, Pune – 411 044. ] ] ] ] ] ] Petitioner vs 1] Pimpri Chinchwad Municipal Corp. A Body Corporate established under The Maharashtra Municipal Corporation] ] ] Act, 1949, Through its Municipal Commissioner, Having his Office at Pimpri Chinchwad Municipal Corp. Mumbai-Pune Road, Pimpri, Pune – 411 018. ] ] ] ] ] 2] The State of Maharashtra Through the Secretary, Urban Development Department. ] ] ] Respondents Mr.R.I Mr.R.M. Pethe, for Petitioner. Mr.Rohit Sakhadeo for Respondent No.1. Mrs.A.A. Purav, AGP for Respondent/State. CORAM : PRASANNA B. VARALE & N.R.BORKAR, JJ. RESERVED ON : 06.09.2021 PRONOUNCED ON : : 22.11.2021 JUDGMENT : (PER : N.R.BORKAR, J) 1] This petition takes an exception to the order dated 16.03.2020 passed by respondent No.1-Pimpri Chinchwad Municipal Corporation. 2] The petitioner was initially appointed as surveyor in respondent No.1-Corporation on 20.04.1987. Time Bound Promotion Scheme was introduced by Government Resolution dated 08.06.1995 to address the issue of stagnation. Under the said Scheme benefit of pay of promotional post was to be given to the employees who have completed 12 years of service in the same cadre. In terms of the said Scheme the petitioner was granted benefit of promotional pay by Office Order dated 07.12.2001 with effect from 20.04.1999. 3] The petitioner, thereafter, by order dated 09.04.2002 was promoted to the post of Junior Engineer. In view of the Government Resolution dated 16.04.1984 on completion of 5 years of service as Junior Engineer the petitioner, by order dated 10.06.2009 was designated as Sectional Engineer and his pay was revised. 4] By Government Resolution dated 20.07.2001 Assured Career Progression Scheme was introduced and Time Bound Promotion Scheme was repealed. The said scheme was thereafter modified by Government Resolution dated 01.04.2010. Under the said Scheme first benefit of pay of promotional post was to be given on completion of 12 years of service and second benefit was made admissible on completion of 12 years of service after grant of first benefit. Accordingly, the petitioner was granted second benefit i.e. pay of promotional post under the modified Assured Career Progression Scheme with effect from 20.04.2011 by order dated 21.04.2015. 5] By the order impugned the second benefit which was granted to the petitioner by order dated 21.04.2015 came to be withdrawn, and recovery of excess amount paid to the petitioner pursuant to the said order dated 21.04.2015 is ordered. 6] We have heard the learned counsel for the petitioner and learned counsel for the contesting respondent No.1. 7] We have perused the order impugned. Respondent No.1 has relied upon Clause 2(b)(3) of the Government Resolution dated 01.04.2010 to withdraw the second benefit. According to the respondent No.1 the petitioner was granted first benefit by office order dated 7.12.2001 and second benefit by order dated 10.06.2009 by which pay of the petitioner was revised on being designated as Sectional Engineer. According to the respondent No.1, the petitioner was thus not entitled to any further benefit of pay of promotional post and it was wrongly granted to him by order dated 21.04.2015. 8] We have perused the Clause 2(b)(3) of the Government Resolution dated 01.04.2010. It speaks of in certain situation what would constitute first benefit. It is, thus, clearly inapplicable to the case of the petitioner. Apart from it, this Court has dealt with similar controversy in the case of Association of the Sub-Ordinate Service of Engineers Maharashtra State and Others vs. State of Maharashtra and Ors., 2019(4) Mh.L.J. 629 . This Court has held : "30. Nonetheless, we would deal with the question on merits of the matter, independently. In the light of the facts, extracted above, in our view, the fate of the claim of the applicants hinges more on the construction of the GR dated 16 th April, 1984 than Clause 2(b)(3) of MACP Scheme. What was the nature of the dispensation given under the GR dated 16th April, 1984 ? From the text of the said resolution, the following salient features emerge: (i) The preamble indicates its object. It was decided to confer the gazetted status initially upon degree-holder junior engineers. Subsequently, it was decided to confer the gazetted status upon the under-qualifed and unqualifed junior engineers, also. (ii) While giving the gazetted status, the Government considered the aspects of the pay-scale to be given, the nomenclature of the post and the eligibility for conferring the gazetted status. (iii) The conferment of the gazetted status upon the degree-holder engineers was with efect from 1st April, 1981. Whereas the said status was deferred in the case of the underqualifed and unqualifed junior engineers, till they put in a specifed years of service, that is, fve years for three year diploma-holders, seven years for two year diploma-holders and ten years for unqualifed junior engineers. (iv) Two distinct cadres were created in the Maharashtra Engineering (Civil) Services Class-II, namely Assistant Engineer Grade-II, to be manned by degree-holder junior engineers, and sectional Engineer, to be manned by underqualifed/unqualifed junior engineers after putting in specifed years of service. (v) Both the cadres were to be placed in the pay-scale Rs.600-30-700-40-950. (vi) The posts of Assistant Engineer Class-II and Assistant Engineer Class-I, which were superior to that of the junior engineers, were to be re-designated as Assistant Engineer Grade-I and Assistant Executive Engineer, respectively. (vii) The duties and functions which the erstwhile junior engineers were discharging and performing would thenceforth be discharged and performed by the Assistant Engineer Grade-II and Sectional Engineers. It is evident that the aforesaid GR was an exercise in cadre review. The principal object of the aforesaid GR was to give gazetted status (Class-II) to junior engineers working at the lowest level. Not only the restructuring was done in the lowest cadre of junior engineers but also the immediately superior cadre of Assistant Engineer Class-II and Class-I were restructured. Yet, most importantly, the duties and functions which the erstwhile junior engineers discharged, were mandated to be discharged by the Assistant Engineers Grade-II and sectional Engineers. The primary purpose of the aforesaid GR was, thus, restructuring of the cadre and rechristening of the designation of the post. The placement of the under-qualifed and unqualifed junior engineers in the newly designated post of sectional engineers was deferred, till they put in the specifed years of service. It is pertinent to note that no new posts were sought to be created under the said GR. The fact that a new pay-scale was prescribed for both Assistant Engineers Grade-II and sectional Engineers, was incidental." .. This court has further held : "35. We are unable to agree with the aforesaid reasoning of the learned Vice-Chairman. Having held that the beneft of the pay revision under GR dated 16th April, 1984 was neither a promotion nor a functional upgradation, the Tribunal could not have held that the said upgradation was schematic. As indicated above, the entire exercise was driven by the objective of conferring the gazetted status and restructuring engineering service at the lowest level. The provision that the diploma- holder and unqualifed junior engineers were to be placed in the cadre of sectional engineers, after putting in a specifed years of service, was a measure to bring them at par with the degree-holder junior engineers. It was uniformly applicable to all. There was admittedly no element of selection. It is now well neigh recognised that the terms "promotion" and "upgradation" far from being identical and interchangeable are distinct and have specifc meaning and connotation in service jurisprudence. Promotion, in common parlance, connotes advancement to a higher position. Ordinarily promotion entails both enhanced position and pay. In legal parlance, promotion can be to a higher position as well as to a higher pay -scale. There can be promotion to a higher pay scale without there being an advancement to a higher position. Upgradation, on the other hand, is mere increase in the scale of pay, without any corresponding increase in position. There are shades to upgradation also. It may be upgradation simplicitor, available to all who satisfy the eligibility criteria. It may be preceded by selection. If upgradation involves a process of selection, as distinct from mere elimination, it may have the trappings of promotion, and in that event may be subject to quota rule or principle of reservation, wherever applicable. In the light of the above, we are of the considered view that the learned Tribunal had committed an error in construing that the exercise of restructuring of the cadres, without there being any consequent creation of new posts and any change in the duties and responsibilities, constituted the grant of nonfunctional pay-scale for the mere reason that the pay-scale of all the junior engineers was revised, as a class." .. It is further held : Another factor, which has a material bearing on the claim of the applicants is that under ACP and MACP Scheme, the basic postulate is the beneft of pay-scale of the promotional post. It is nobody's case that under the GR dated 16 th April, 1984 the applicants were given the beneft of the pay-scale of the promotional post. Mere revision of the pay-scale can not be equated with the grant of pay-scale of the promotional post. On the contrary, it is pertinent to note that under the same GR, the Government had re-designated the next higher post as Assistant Engineers Grade-I and Assistant Executive Engineers. In this view of the matter, the denial of the 'second beneft' under the MACP Scheme, with reference to an exercise of cadre restructuring and the revision in pay scale, in the year 1984, appears to be legally unsustainable. We are, thus, inclined to answer the aforesaid question in the 'negative'. We hold and declare that the upgradation under GR dated 16th April, 1984 does not constitute grant of non-functional pay- scale and cannot be treated as the 'frst beneft' within the meaning of Clause 2(b)(3) of the GR dated 1st April, 2010. We are, thus, inclined to allow the petition." 9] This Court in the above Judgment in no uncertain terms has held that upgradation under Government Resolution dated 16.04.1984 does not constitute grant of non-functional pay scale and cannot be treated as the 'benefit' within the meaning of Clause 2(b)(3) of the Government Resolution dated 01.04.2010. The respondent No.1 was, thus, not justified in withdrawing the second benefit granted to the petitioner by order dated 21.04.2015. The order impugned thus cannot be sustained. Hence, following order is passed : 1] Writ Petition is allowed. 2] The order impugned dated 16.03.2020 is quashed and set aside. [N.R.BORKAR, J] [PRASANNA B. VARALE, J]
1) Document Filed: Vakalatnama
Filed By : The State Of Maharashtra Thr The Secretary
Advocate: Government Pleader Writ Cell
Filed Document - Date of Receiving - 1: 23/11/2021
Respondent-1: Pimpri Chinchwad Municipal Corporation
Petitioner-1: Shri Popat Baban Ghavte
Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.735 OF 2014 Office Notes, Office Court's or Judge's orders. Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Mr.Rajesh Dixit i/b M/s.V.R.Tripathi for the applicant CORAM : K.K.TATED, J. DATED : 23/06/2014 PC : . Not on board. At the request of Advocate for the applicant, matter is taken on board for urgent orders. 2 By this Revision Application, appellant org.defendant challenges the order dt.28.04.2014 passed by Appellate Bench of Small Causes Court at Bombay in A1 Appeal No.222 of 2007. 3 Office note shows that Advocate Ramchandranarayan Jawal filed his Vakalatnama on behalf of the respondent. Hence, applicant is directed to serve respondent by private notice either by registered post A.D. and/or by hand delivery and file Affidavit of Service to that effect. 4 Matter to appear on board for admission on 9.7.2014. (K.K.TATED, J.)
Order - Status 7: FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE SIDE JURISDICTION. CIVIL REVISION APPLICATION NO.735 OF 2014 Office Notes, Office Court's or Judge's orders Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Mr. V. R. Tripathi for the Applicant. Mr. Ramchandranarayan Jawal for the Respondent. CORAM : K. K. TATED, J. DATE : JUNE 25, 2014 P.C.: Mentioned. Not on board. At the request of learned counsel for the Appellant, the matter is taken on board. By consent of the parties, S.O. to 16th July 2014. The learned counsel for the Respondent makes a statement that till next date Respondent will not take any coercive action against the Appellant pursuant to the order passed by the Appellate Bench of the Small Causes Court in A1 Appeal No.222 of 2007. Same is accepted. S.O. to 16th July 2014. JUDGE
Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION COMMON ORDER CORAM: MR. K.R. SHRIRAM, J DATED: JANUARY 20, 2015. P.C.: On account of paucity of time, the following matters on the daily board stand adjourned on the dates fixed as per CMIS: Sr. Nos. Assigned Dates 51, 52, 53, 57, 60, 61 04/02/2015 54, 55, 62, 64, 65 09/02/2015 56, 66, 67, 68 10/02/2015 2.If any ad-interim or interim relief granted in any of the above said matters, is operative till today, the same will continue to operate till the respective assigned dates. 3.If there is an extreme urgency, the parties can get the papers produced before the Court. (MR. K.R. SHRIRAM, J.)
Order - Status 12: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION COMMON ORDER CORAM: K.R. SHRIRAM, J. DATED: MARCH 03, 2015. P.C.: On account of paucity of time, the following matters on the daily board stand adjourned on the dates fixed as per CMIS: Sr. Nos. Assigned Dates 49,50,51,52,53,56,58,59 23/03/2015 60,61,62,63,64,65,66 24/03/2015 2.If any ad-interim or interim relief granted in any of the above said matters, is operative till today, the same will continue to operate till the respective assigned dates. 3.If there is an extreme urgency, the parties can get the papers produced before the Court. Original Common order kept in Sr No. 49) CAC 114/2015 ( K.R. SHRIRAM, J.) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION COMMON ORDER CORAM: K.R. SHRIRAM, J. DATED: MARCH 03, 2015. P.C.: On account of paucity of time, the following matters on the daily board stand adjourned on the dates fixed as per CMIS: Sr. Nos. Assigned Dates 49,50,51,52,53,56,58,59 23/03/2015 60,61,62,63,64,65,66 24/03/2015 2.If any ad-interim or interim relief granted in any of the above said matters, is operative till today, the same will continue to operate till the respective assigned dates. 3.If there is an extreme urgency, the parties can get the papers produced before the Court. SD/ ( K.R. SHRIRAM, J.) Date :- 03/03/2015 (Original Common order kept in Sr No. 49) CAC 114/2015) For Regr(J.)
Order - Status 16: CIVIL REVN. APPLICATION NO. 735 OF 2014 Kedarnath Kharban Yadav & ors. … Applicants v/s Smt.Prabhavati wd/o Narayan Laxman Parkar & ors. … Respondents Mr.P.S. Dani, senior advocate i/by V.R.Tripathi for the applicants. Mr.P.G. Karande i/by R.N. Jawal for the respondents. CORAM: N. M. JAMDAR, J. DATED : 21ST APRIL, 2015 P.C.: Heard learned counsel for the parties. 2 Learned counsel for the applicants submitted that, even accepting the finding of fact recorded by the Courts below that there was creation of subtenancy in favour of the applicants in the year 1970, the applicants are entitled to the protection of the Act No.18 of 1987 i.e. Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 1986. He relied on the decision in the case of (1) Lakhaichand Punamchand Marwadi & ors. v/s Thakurnath Datasaheb Tukaram Barse 1 , (2) Ismail Bhandubhai 1 1992 Bom.R.C. 173 Tamboli v/s Govind Gopalkrishna Bapat & ors . 2 (3) Sadanand Vaikunha Bhende v/s Dr.Gangadhar Subrao Koppikar & ors. 3 ; and (4) Krishnaji Ganesh Vaidya & anr. v/s Smt.Triveniben Anant Virkar Shete & ors . 4 , in support of his submission. 3 Learned counsel for the respondents submitted that the applicants have not taken the ground that they are entitled to the protection of the above mentioned position of law and therefore it cannot be accepted in absence of pleadings. He relied upon the decision of this Court in the case of Ganpati Narayan Nikam v/s Ramchandra Bhiku Savant & ors . 5 . However, this decision do not deal with the above mentioned enactment. 4 Arguable questions are raised for consideration. Rule. 5 Learned counsel for the applicants states that the applicants will not create third party rights in the property and they alone are in possession. 6 There shall be interim relief in terms of prayer clause ( c). ( N. M. JAMDAR, J. ) 2 1991 Bom.R.C. 415 3 1996 Bom.R.C. 209 4 2002(4) All.MR 757 5 2009(6) Mh.L.J. 948
Order - Status 18: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.735 OF 2014 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S.R. AGRAWAL REGISTRAR (JUDL. - II) : 24th February, 2025 DATE None Present. It appears from the office remark that Registrar (Judicial – II) vide order dated 10/02/2025 allowed Interim Application No.535/2025 and permitted the Appellant to bring on record the legal representatives of deceased Respondent No.3. The learned Advocate for the Appellant was directed to carry out amendment within two weeks and file amended copy of Petition. However, it appears that the learned Advocate for Appellant has neither carried out amendment nor filed amended copy of Civil Revision Application. In such circumstances, the learned Advocate for the Appellant is directed to bring on record the legal representatives of deceased Respondent No.3 by carrying out amendment as per order dated 10/02/2025 within two weeks and also file amended copy of Civil Revision Application. On failure, proceeding would stand abated against deceased Respondent No.3 – Smt.Priya Eknath Deolekar, without further reference to the Court of Registrar. sd/- Registrar (Judl. - II) dsm
1) Document Filed: Vakalatnama
Filed By : Smt. Prabhavi Wd/O. Narayan Laxman Parkar And Ors.
Advocate: Ashok B Tajane
Filed Document - Date of Receiving - 1: 30/01/2024
2) Document Filed: Affidavit
Filed By : Kedarnath Kharban Yadav And Ors.
Advocate: V R Tripathi Associatates
Filed Document - Date of Receiving - 2: 19/08/2024
Respondent-1: Prabhavati Wd/o. Narayan Laxman Parkar
Respondent-2: Ors.
Petitioner-1: Kedarnath Kharban Yadav
Petitioner-2: Ors.
1) Document Filed: Vakalatnama
Advocate: Sandeep Mishra
Filed Document - Date of Receiving - 1: 20/12/2017
Respondent-1: Bindarsingh Sunaharasingh
Respondent-2: Ors
Petitioner-1: Dalelkumar Tarachand Singh
Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION IN FA NO. 3017 OF 2016 In FIRST APPEAL STAMP NO. 14511 OF 2016 Shri. Shamrao Bhikoba Salunkhe And Anr. ....Applicant V/S United India Insurance Pvt. Ltd. And Ors. ....Respondent WITH CIVIL APPLICATION IN FA NO. 1922 OF 2017 In FIRST APPEAL LODGING NO . 14511 OF 2016 Imran Siraj Mulani And Ors ....Applicant V/S Shamrao Bhikoba Salunkhe And Anr. ....Respondent WITH CIVIL APPLICATION IN FA NO. 2110 OF 2019 In FIRST APPEAL LODGING NO . 14511 OF 2016 Shri. Shamrao Bhikoba Salunkhe And Anr. ....Applicant V/S United India Insurance Pvt. Ltd. And Ors. ....Respondent Ms.Shraddha Pawar i/b Dilip Bodake For Applicant Ketan Joshi for R-1 CORAM : VIRENDRASINGH GYANSINGH BISHT, J DATE : 16th January, 2020 P.C. : At the request of learned advocate for the Appellant No. , Stand over to 13/02/2020 ( FOR REGISTRAR JUDICIAL - I )
Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION IN FA NO. 3017 OF 2016 In FIRST APPEAL STAMP NO. 14511 OF 2016 Shri. Shamrao Bhikoba Salunkhe And Anr. ....Applicant V/S United India Insurance Pvt. Ltd. And Ors. ....Respondent WITH CIVIL APPLICATION IN FA NO. 1922 OF 2017 In FIRST APPEAL LODGING NO . 14511 OF 2016 Imran Siraj Mulani And Ors ....Applicant V/S Shamrao Bhikoba Salunkhe And Anr. ....Respondent WITH CIVIL APPLICATION IN FA NO. 2110 OF 2019 In FIRST APPEAL LODGING NO . 14511 OF 2016 Shri. Shamrao Bhikoba Salunkhe And Anr. ....Applicant V/S United India Insurance Pvt. Ltd. And Ors. ....Respondent Adv.Adv.Nandu V. Pawar for Applicant in CAF/1922/2017 Adv. Ketan Joshi for Res. No. 1 CORAM : M. S. KARNIK, J DATE : 11th March, 2020 P.C. : Stand over to 26/03/2020 ( FOR REGISTRAR JUDICIAL - I )
Respondent-1: Shamrao Bhikoba Salunkhe
Respondent-2: Anr.
Petitioner-1: Imran Siraj Mulani
Petitioner-2: Ors
1) Document Filed: Vakalatnama
Advocate: Shri. N.G.Ghotekar For R.No.2
Filed Document - Date of Receiving - 1: 17/08/2006
2) Document Filed: Vakalatnama
Advocate: D.Shalini Shankar For Respondent No.2
Filed Document - Date of Receiving - 2: 16/04/2013
Respondent-1: Suresh Kanhoba Mali
Respondent-2: Anr.
Petitioner-1: Manik Baburao Sontakke
Order - Status 3: sbw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.344 OF 2017 Nathu Bhila Devre & Anr. … Applicants vs.State of Maharashtra … Respondent Mr. A. R. Shaikh i/b. H.E. Palwe for the Applicants. Mr. V. B. Khamkhedkar, APP, for the Respondent-State. CORAM : A.K. MENON, J. DATE : 20th JUNE, 2017 P.C. On the application of the learned counsel for the applicant who states that Mr. Palwe is unable to attend and seeks sometime. Hence, to come up as per scheduled date. Remove from the board. (A. K. MENON, J.)
Order - Status 6: sbw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.344 OF 2017 Nathu Bhila Devre & Anr. … Applicants vs.The State of Maharashtra … Respondent Mr. H. E. Palwe for the Applicants. Mr. S. V. Gavand, APP, for the Respondent-State. CORAM : A.K. MENON, J. DATE : 2nd AUGUST, 2017 P.C. Liberty to apply after the applicant surrenders. (A. K. MENON, J.)
Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. REVISION APPLN. NO. 344 OF 2017 Nathu Bhila Devre And Anr ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : N. J. JAMADAR, J DATE : 20th December, 2019 P.C. : Due to paucity of time the matter is adjourned to 03/02/2020 . In case any ad-interim/interim relief is operating till today, the said order will continue to operate till the next date. If ad-interim/interim relief is not granted for a limited period, the said order will remain unaffected. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 344 OF 2017 Nathu Bhila Devre and Anr. ...Applicants vs. State of Maharashtra …Respondent ***** Mr.Sudip Mallick i/b. Mr.Harshad E. Palwe – Advocate for Applicants. Mr.A.D.Kamkhedkar, APP for the Respondent – State. ***** CORAM : S. M. MODAK, J. DATE : 11th JANUARY 2024 P. C. :- This is a Revision against the concurrent finding of conviction. On 2nd August, 2017, liberty was granted to apply after surrender. Learned Advocate is short of instructions. Let him to take instructions. Stand over to 9 th February, 2024 . [S. M. MODAK, J.]
Order - Status 12: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION REVISION APPLICATION NO. 344 OF 2017 Nathu Bhila Devre and Anr. ...Applicants vs. The State of Maharashtra ...Respondent ***** Mr. Sudip Mallick i/by Harsahd E. Palwe - Advocate for the Applicants Mr. A. D. Kamkhedkar - APP for the Respondent-State ***** CORAM : S. M. MODAK, J. DATE : 09th FEBRUARY, 2024 P. C. :- The Court of the JMFC has convicted the accused personsaccused Nos. 1 and 3 for the offence punishable under Sections 326, 324 and 323 read with 34 of the Indian Penal Code as per judgment dated 07/10/2014, at page no. 53. Their appeal was partly allowed by learned Sessions Judge, Nashik on 03/05/2017. The conviction of the accused nos. 1 and 3 for the offence punishable under Section 326 read with 34 was set aside. Whereas it is maintained for the offence Section 324 read with 34 of the Indian Penal Code. The accused No. 3 was not directed to undergo sentence immediately but he was asked to execute the bond of good behaviour for the period of two years. That period has already expired. The following issue arisen in the revision:- (i) The legality of the sentence under Section 326 read with 34 of the Indian Penal Code against accused no. 1. (ii) The legality of the sentence against accused no. 3 for the same offence. Yet revision is not admitted. Matter be kept on 08th March, 2024, after admission. [S. M. MODAK, J.]
Respondent-1: The State Of Maharashtra
Petitioner-1: Nathu Bhila Devre
Petitioner-2: Anr
Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3608 OF 2021 Shouakat A.Wahab Isane & Ors. ] Petitioners. Vs. The State of Maharashtra ] through Principal Secretary, ] Department of Revenue & Forest ] & Ors. ] Respondents. … Gayatri Singh, Senior Counsel a/w Sangram Chinnappa i/b Kartikeya Bahadur for petitioner. Mr.S.S. Panchpor, AGP for State. Ms Sharmila Deshmukh, for respondent no.5 Maharashtra Coastal Zone Management Authority. … CORAM : K.K. TATED & PRITHVIRAJ K. CHAVAN, JJ. DATE : 3rd AUGUST, 2021. P.C. Heard learned Counsel for parties. Learned Senior Counsel Ms Gayatri Singh appearing on behalf of the petitioner submits that in the present proceeding, as per letter dated 24th December 2004 (Exhibit 'O' page 65) the Revenue and Forest Department directed the Collector, Raigad that excavation of sand in the 11 kilometers area from Vicharewadi to Dasgaon in Savitri river bed, Raigad should be by manual i.e. 'Hathpati'. She submits that inspite of that, the respondent issued E-tender dated 30th September 2021 for mechanized drilling of sand. In support of her contention, the learned Senior Counsel for the petitioner relies on Annexure to E-tender on page no.227 particularly, Gat No.53 to 57. Whether Gat no.53 to 57 comes within the area of 11 kilometer as per letter dated 24th December 2004 from Revenue and Forest department to Collector Raigad or not, for that purpose the petitioner is granted liberty to file affidavit in support of petition. Learned AGP Mr.Panchpor for respondent also seeks some time to file their affidavit in reply. In view of this, following order is passed. a) Liberty is granted to the petitioner to file additional affidavit in support of petition on or before 7th August 2021 with copy to other side. b) Respondent/State to file their affidavit in reply on or before 9/8/2021. c) Matter to appear on board on 11th August 2021. [PRITHVIRAJ K. CHAVAN, J.] [K. K. TATED, J.]
Order - Status 7: 10.3608.21-wp+.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3608/2021 Shoukat A. Wahab Isane & Ors. ….. Petitioners Vs. State of Maharashtra & Ors. ….. Respondents WRIT PETITION NO.2946/2021 Abdul Samad Almiya Mandlekar ….. Petitioner Vs. State of Maharashtra & Ors. ….. Respondents Mr. Kartikeya Bahadur for the Petitioner in 3608/2021 Mr. Sangam Chinappa for the Petitioner in 2946/2021 Mr. S. S. Panchpor, AGP for the State Mr. Kaushal Parsekar a/w. Saloni Vyas I/b. Legasis Partners for Respondent No.4 Ms. Jaya Bagwe I/b. Sharmila Deshmukh for Respondent No.5 MCZMA – in both matters Mr. Kumar Abhishek Singh a/w. Nishant Bhatia I/b. Anomal Law Group LLP for Respondent No.6 – in both matters CORAM: K.K.TATED & PRITHVIRAJ K. CHAVAN, JJ. DATED : AUGUST 31, 2021 P.C. 1 Heard. The learned AGP for the State seeks permission to file an additional compilation of documents in the Registry, with copy to other side. 2 Hence, the following order is passed: a. The learned AGP to file an additional compilation of documents in the Registry, on or before 07.09.2021, with copy to other side. b. The matter to appear on board on 20.09.2021. (PRITHVIRAJ K. CHAVAN, J.) (K.K.TATED, J.)
Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 3608 OF 2021 Shouakat A. Wahab Isane And Ors ....PETITIONER V/S The State Of Maharashtra Thr. Principal Secretary Dept. Of Revenue And Forest And Ors ....RESPONDENT WITH WRIT PETITION NO. 2946 OF 2021 Abdul Samad Alimiya Mandlekar ....PETITIONER V/S The State Of Maharashtra Thr. Principal Secretary And Ors ....RESPONDENT CORAM : HON'BLE SHRI JUSTICE UJJAL BHUYAN & HON'BLE SHRI JUSTICE MADHAV J. JAMDAR, JJ DATE : 27th September, 2021 P.C. : Due to paucity of time, stand over to 11/10/2021. Interim order, if any, to continue till then. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 12: Priya Soparkar 1 12 wp 3608-21 with wp 2946-21-c PRIYA RAJESH SOPARKAR Digitally signed by PRIYA RAJESH SOPARKAR Date: 2021.10.12 11:05:37 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3608 OF 2021 Shouakat A. Wahab Isane and ors. … Petitioners V/s. State of Maharashtra and ors. … Respondents AND WRIT PETITION NO.2946 OF 2021 Abdul Samad Alimiya Mandlekar … Petitioner V/s. State of Maharashtra and ors. … Respondents Mr.Kartikeya Bahadur, Advocate for the Petitioners in WP No.3608 of 2021. Ms.Gayatri Singh i/by Mr.Sangram Chinnappa, Advocates for the Petitioner in WP No.2946 of 2021. Ms.Neha Bhide, "B" Panel counsel for the Sate. Mr.Kaushal Parsekar i/by M/s Legasis Partners, Advocate for Respondent No.4. Ms.Sharmila Deshmukh, Advocate for Respondent No.5-MCZMA in both matters. Mr.Kumar Abhishek Singh alongwith Mr.Shubham Agrahari and Mr. Nishant Bhatia i/by M/s Anoma Law Group LLP, Advocates for Respondent No.6. CORAM : UJJAL BHUYAN & MADHAV J. JAMDAR, JJ. DATE : OCTOBER 11, 2021. P.C.:- It appears that the contract period of the petitioner has expired on 30th September, 2021. Ms.Bhide, learned AGP to inform us on the next date as to whether there is any proposal for extension of the contract period. All the affidavits be filed in the registry before the next date. Stand over to 21st October, 2021. (MADHAV J. JAMDAR, J.) (UJJAL BHUYAN, J.) ….
Order - Status 15: Digitally signed HEMANT CHANDERSEN SHIV SHIV by HEMANT CHANDERSEN Date: 2022.03.17 17:22:16 $+0530$ Shiv IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2564 OF 2022 Dilip Babaji Ulkirde Versus The State of Maharashtra & Ors ...Petitioner $...$ Respondents WITH INTERIM APPLICATION STAMP NO.6528 OF 2022 IN WRIT PETITION NO.2564 OF 2022 Shaurya Enterprises Versus Dilip Babaji Ulkirde & Ors ...Petitioner ...Respondents WITH WRIT PETITION NO.2946 OF 2021 ... Petitioner Abdul Samad Alimiya Mandlekar Versus The State of Maharashtra & Ors ...Respondents WITH WRIT PETITION NO.3608 OF 2021 Shouakat A Wahab Isane & Ors ...Petitioners Versus The State of Maharashtra & Ors $...$ Respondents Page 1 of 5 17th March 2022 Mrs Gayatrisingh *, Senior Advocate with Mr Sangram Chinnappa for the Petitioner in WP 2564/2022 & WP 3608/2021.* Mr Mihir Desai *, Senior Advocate i/b Kartieya Bahadur for the Petitioner in WP 2946/2021.* Mr K S Thorat *, AGP for the State/Respondent.* Ms Jaya Bagwe *, i/b Sharmila Deshmukh for the MCGM/Respondent No 5 in WP 3608/2021 and WP 2946/2021, WP 2564/2022, IAL 6528/2022.* Mr Prashant Pratap *, Senior Advocate with Kumar Abhishek Singh, Shubham A and Nishant Bhatia i/b Anoma Law Group LLP for Respondent No 6.* Mr Mayur Khandeparkar *, i/b Vaibhav Jagtap, for the Applicant in IAST 6528/2022.* CORAM G.S. Patel & Madhav J. Jamdar, JJ. DATED: 17th March 2022 PC:- 1. We will require from the State of Maharashtra the entire original file by 12.30 pm today relating to all sand mining and sand dredging activities permitted or proposed on the 11 km stretch that is subject matter of Appellate Side Writ Petition No 2564 of 2022, Writ Petition No 3608 of 2021 and Writ Petition No 2946 of 2021. 2. We require this because in Writ Petition No 3608 of 2021 and Writ Petition No 2946 of 2021, both of which are pending, on 11th October 2021 this Court was informed that the contract period regarding the sand mining or dredging had ended on 30th September 2021. The Government was to inform the Court whether there was any proposal for extending the contract period. 3. There was no such communication from the Government at any time. In other words, the Court was never informed of any extension. Instead, it seems that for one contractor represented by Mr Pratap today, an extension of a 2021 contract was granted on 16th February 2022 and sent through the various channels until it finally reached that contractor, who is engaged in mechanised sand dredging at a site on this very stretch along the Savitri river, on 8th March 2022. 4. 8th March 2022 is also the date on which, after hearing Ms Singh and Mr Thorat, we made an ad-interim order in Civil Writ Petition No 2564 of 2022 staying an auction notice for award of mechanised dredging contracts in various gats notified for this very 11 km stretch of the Savitri river. Mr Pratap submits that his clients' contract, though within this 11 km stretch, is not covered by the auction notice that is the subject matter of Writ Petition No 2564 of 2022. 5. Even if that be so, we do not see how the Government could have communicated and put into operation any extension or proposal for extension of Mr Pratap's client's contract since that information had not been communicated to the High Court in the two active Writ Petition Nos 3608 of 2021 and 2946 of 2021. 6. Mr Desai appears for the Petitioner in Writ Petition No 2946 of 2021. Ms Gayatri Singh appears for the Petitioner Writ Petition No 3608 of 2021. (There was an error in noting the appearances on that date). 7. Respondent No 6 before the Division Bench on 11th October 2021 was precisely Mr Pratap's client today. There is no possibility at all of either Mr Pratap's client or of the Government being unaware of the order that was passed on 11th October 2021, or that the Court desired to be informed not only about an extension of the contract but even about any proposal for an extension of the contract period. What the order records (there appears to be another typographical error) is that it was the contract period of Respondent No 6, Mr Pratap's client today, which had expired on 30th September 2021. It is that expired contract that is now sought to be extended. In our view, this is impermissible and could not have been done without informing this Court having regard to these circumstances. 8. For today we will require the original file from the Government relating to the award of all contracts around this stretch of the Savitri river. 9. The previous interim order passed in Writ Petition 2564 of 2022 are extended until next date. We make it clear that for this 11 km stretch of Savitri river no award in any form of sand mining or dredging whether mechanised or by hard is to be awarded until the next date. 10. All Affidavits to be filed by Tuesday 22nd March 2022. 11. Mr Pratap will be entitled to file an Affidavit in Reply to the 2022 Petition. In Writ Petition 2946 of 2021, leave to amend to bring subsequent events on record without need of re-verification. Amendment to be carried out by Tuesday 22nd March 2022. 12. List the Petitions on supplementary board on 25th March 2022, high on board. (Madhav J. Jamdar, J) (G. S. Patel, J)
Order - Status 17: Arun IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2564 OF 2022 Dilip B Ulkirde …Petitioner Versus The State of Maharashtra Through Principal Secretary, Department of Revenue And Forest & Ors …Respondents WITH INTERIM APPLICATION (ST) NO. 6528 OF 2022 IN WRIT PETITION NO. 2564 OF 2022 Dilip B Ulkirde …Petitioner Versus The State of Maharashtra Through Principal Secretary, Department of Revenue And Forest & Ors …Respondents WITH WRIT PETITION NO. 2946 OF 2021 Abdul Samad Alimiya Mandlekar …Petitioner Versus The State of Maharashtra Through Principal …Respondents Secretary & Ors WITH WRIT PETITION NO. 3608 OF 2021 Shquakat A Wahab Isane & Ors …Petitioners Versus The State of Maharashtra Through Principal Secretary, Department of Revenue & Forest & Ors …Respondents Mr Mihir Desai, Senior Advocate *, i/b Kartikeya Bahadur, for the Petitioner in WP/2946/2021.* Mr AM Kulkarni *, 'A' Panel Counsel with Mr KS Thorat, AGP, for the State* Ms Jaya Bagwe *, with Anchita Nair and Gayatri Deshmukh, i/b Sharmila Deshmukh, for Respondent No5 (MCZMA).* Mr Prashant Pratap, Senior Advocate *, Kumar Abhishek Singh, Shubham A & Nishant Bhatia, i/b Anoma Law Group LLP, for Respondent No. 6 in WP/2564/2022, WP/2946/2021 and WP/3608/2021.* Mr Mayur Khandeparkar *, with Vaibhav Jagtap, for the Applicant in IAST/6528/2022.* Mr Amol Yadav *, Addl Collector, Raigad, present.* CORAM G.S. Patel & Madhav J. Jamdar, JJ. DATED: 25th March 2022 PC:- 1. Mr Kulkarni tenders an additional file. Ms Gayatri Singh, Senior Advocate *, with Sangram Chinnappa, for the Petitioner in WP/2564/2022 & WP/3608/2021.* 2. Mr Kulkarni requests time till 1st April 2022. He states on oral instructions received in Court that the extension order in favour of the 6th Respondent to Writ Petition No. 3608 of 2021 and also in Writ Petition No. 2946 of 2021 will be recalled by an administrative order taken at the level of the ministry. We have today in open Court outlined the reasons why we believe this is necessary and have made specific reference to an earlier order of 11th October 2021. We are clear that the order needs to be recalled. It is for this reason that we grant Mr Kulkarni time until 1st April 2022. 3. We return the entire file to Mr Kulkarni including the volume that was tendered across the bar today. 4. We also allow the 6th Respondent, Aditya Enterprises and the State Government to file a formal application for extension of the 6th Respondent's license for our consideration. 5. Copies will be served on the Advocates for the Petitioners in all matters. 6. List all the matters for orders on the supplementary board of 1st April 2022. 7. The previous order will continue until Friday, 1st April 2022. (Madhav J. Jamdar, J) (G. S. Patel, J) Page 3 of 3 25th March 2022
Order - Status 20: Shephali IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2564 OF 2022 Dilip Babaji Ulkirde …Petitioner Versus The State of Maharashtra through Principal Secretary, Department of Revenue and Forest & Ors …Respondents WITH INTERIM APPLICATION (ST) NO. 6528 OF 2022 IN WRIT PETITION NO. 2564 OF 2022 SHEPHALI SANJAY MORMARE Digitally signed by SHEPHALI SANJAY MORMARE Date: 2022.04.07 09:52:11 +0530 Dilip Babaji Ulkirde …Petitioner Versus The State of Maharashtra through Principal Secretary, Department of Revenue and Forest & Ors …Respondents WITH WRIT PETITION NO. 2946 OF 2021 WITH INTERIM APPLICATION (ST) NO. 8142 OF 2022 Abdul Samad Alimiya Mandlekar …Petitioner Versus The State of Maharashtra through Principal Secretary & Ors …Respondents Page 1 of 3 6th April 2022 WITH WRIT PETITION NO. 3608 OF 2021 WITH INTERIM APPLICATION (ST) NO. 8144 OF 2022 Shouakat A Wahab Isane & Ors …Petitioners Versus The State of Maharashtra through Principal Secretary Department of Revenue and Forest & Ors …Respondents Ms Gayatri Singh, Senior Advocate *, with Sangram Chinnappa, for the Petitioner in WP/2564/2022 & WP/3608/2021.* Mr Mihir Desai, Senior Advocate *, i/b Kartikeya Bahadur, for the Petitioner in WP/2946/2021.* Mr AM Kulkarni, 'A' Panel Counsel *, with KS Thorat, AGP, for the State in WP/2564/2022 & WP/2946/2021.* Mr RP Kadam, AGP *, for Respondent-State, in WP/3608/2021.* Ms Jaya Bagwe *, i/b Sharmila Deshmukh, for Respondent No.5 (MCZMA) in WP/3608/2021 and WP/2946/2021.* Mr Prashant Pratap, Senior Advocate *, with Kumar Abhishek Singh, Shubham Agrahi, Nishaan Shetty & Rohan Mathur, i/b Anoma Law Group LLP, for Respondent No. 6, in WP/2564/2022, WP/2946/2021 & WP/3608/2021 .* Mr Mayur Khandeparkar *, with Vaibhav Jagtap, for the Applicant in IAST/6528/2022.* Mr Chirag Dave *, i/b Legasis Partners, for Respondent No. 4, in WP/2946/2021.* CORAM G.S. Patel & Madhav J. Jamdar, JJ. DATED: 6th April 2022 PC:- Page 2 of 3 6th April 2022 1. We expect an Affidavit explaining (there is no other word for it) from the Maharashtra Maritime Board as to how and for what reason it has recommended mechanised dredging and sand mining on the eleven kilometres stretch of Savitri river that is the subject matter of these Petitions. 2. We are also told that the Collector Raigad said that the policy needed to change and it would be advisable to permit mechanised operations here. We do not pretend to understand what this is supposed to mean. Mr Kulkarni for the State Government will need to file a further Affidavit explaining why these changes in the policy were effected and for what public purpose. We want these Affidavits to be filed in the present two Interim Applications. State Government's Affidavits are to be filed by Monday, 11th April 2022. 3. List all three Petitions and two Interim Applications on Tuesday, 12th April 2022, high on board for orders. (Madhav J. Jamdar, J) (G. S. Patel, J)
Order - Status 23: Ashwini IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2564 OF 2022 Dilip B Ulkirde …Petitioner Versus The State of Maharashtra Through Principal Secretary, Department of Revenue and Forest & Ors …Respondents WITH INTERIM APPLICATION (ST) NO. 6528 OF 2022 IN WRIT PETITION NO. 2564 OF 2022 Dilip B Ulkirde …Petitioner Versus The State of Maharashtra Through Principal Secretary, Department of Revenue and Forest & Ors …Respondents WITH WRIT PETITION NO. 2946 OF 2021 Abdul Samad Alimiya Mandlekar …Petitioner Versus The State of Maharashtra Through Principal Secretary & Ors …Respondents WITH ASHWINI HULGOJI GAJAKOSH Digitally signed by ASHWINI HULGOJI GAJAKOSH Date: 2022.04.13 15:20:27 +0530 INTERIM APPLICATION (ST) NO. 8142 OF 2022 IN WRIT PETITION NO. 2946 OF 2021 Abdul Samad Alimiya Mandlekar …Petitioner Versus The State of Maharashtra Through Principal Secretary & Ors …Respondents WITH WRIT PETITION NO. 3608 OF 2021 Shouakat A Wahab Isane & Ors …Petitioners Versus The State of Maharashtra Through The Principal Secretary, Dept of Revenue & Forest & Ors …Respondents WITH INTERIM APPLICATION (ST) NO. 8144 OF 2022 IN WRIT PETITION NO. 3608 OF 2021 Shouakat A Wahab Isane & Ors …Petitioners Versus The State of Maharashtra Through The Principal Secretary, Dept of Revenue & Forest & Ors …Respondents Ms Gayatri Singh, Senior Advocate *, i/b Sangram Chinnappa, for the Petitioners in WP/3608/2021 & WP/2564/2021.* Mr Mihir Desai, Senior Advocate *, i/b Kartikeya Bahadur, for the* Petitioner in WP/2946/2021. Page 2 of 5 12th April 2022 Mr AM Kulkarni, 'A' Panel *, with KS Thorat, AGP, for Respondent-State.* Mr Chirag S Dave *, i/b Legasis Partners, for Respondent No. 4, in WP/ 2564/2022.* Ms Jaya Bagwe *, i/b Sharmila Deshmukh, for Respondent No. 5- MCZMA.* Mr Prashant Pratap, Senior Advocate *, with Kumar Abhishek Singh, Shubham Agrahari, Nishaan Shetty & Nishant Bhatia, i/ b Anoma Law Group LLP, for Respondent No. 6.* CORAM G.S. Patel & Madhav J. Jamdar, JJ. DATED: 12th April 2022 PC:- 1. The Writ Petitioners, whom we shall now refere to as the Hatpatti Petitioners, have filed at least three Petitions, two in 2021 and one in 2022 all dealing with the same 11 km stretch of the Savitri river. There are different auctions for sand mining challenged in each. The principle is one: whether there should be an auction for mechanised dredging and sand mining along this or any other stretch of the Savitri river. We refuse to look at this mess of thoroughly disorganised filing. We decline to be asked to look at four-digit page numbers in one matter and then switch to three-digit page numbers in another. The Petitioners must prepare a common consolidated compilation of documents and pleadings (we will not fall into the trap of calling it a 'convenience' compilation, an expression that only does violence to the language) by the next date. A minimal courtesy is to keep papers organized. Page 3 of 5 12th April 2022 2. Interim Application No. 8144 of 2022 is by Aditya Enterprises. It seeks an extension of its license period for permission to continue work at Gat No. 54, Sub-Gat No. HH-2 for another period of 71 days from being given possession. There is an alternative prayer that Aditya Enterprises application or representation be considered by the State Government. 3. Aditya Enterprises' work order of 28th/21st August 2021 has in Clause 52 a condition that dredging will not be done below a depth of 3 mtrs. This has been reiterated in the so-called extension that was granted to Aditya Enterprises from 8th March 2022. 4. Mr Pratap would have it this restriction of 3 mtrs is "a typographical error" because the auction notice/tender mentioned a depth of 5 mtrs. That was the basis on which Aditya Enterprises put it its bid on 21st June 2021. In fact, he says the existing depth is 4.31 mtrs and therefore giving a license to excavate to 3 mtrs is utterly meaningless and even nonsensical. He says, therefore, that the 3 mtrs restrictions in the work order of 20th August 2021 and the extension of 8th March 2022 are clearly mistakes. 5. Mr Kulkarni for the State Government on instructions says that there is no mistake. The 3 mtr depth restriction is one that is mandated by the relevant guidelines and by orders of the Supreme Court. 6. At best, therefore, on Aditya Enterprises ' application we can permit Aditya Enterprises to make a representation to the Page 4 of 5 12th April 2022 Department of Revenue for an appropriate extension and clarification. Mr Kulkarni states that a hearing will be afforded to Aditya Enterprises as also to the legal representatives of the Petitioner before a final order is passed. Mr Pratap says that a representation will be made within one week from today. The officer delegated to decide this representation to do so within two weeks thereafter after giving notice to the Advocates for the Petitioner and affording them a hearing. We grant liberty to the parties to apply. 7. We make it clear that if Aditya Enterprises files any proceeding on an order made by the Revenue Department on Aditya Enterprises' representation, then Aditya Enterprises will join these Petitioners or their Association to that proceeding. 8. So far as the 2022 auction is concerned the stay previously granted will continue. (Madhav J. Jamdar, J) (G. S. Patel, J)
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Order - Status 29: jvs SALUNKE J V Digitally signed by SALUNKE J V Date: 2023.01.12 11:15:15 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2564 OF 2022 WITH INTERIM APPLICATION NO. 17629 OF 2022 Dilip Babaji Ulkirde } Petitioner Versus The State of Maharashtra & Ors. } Respondents With WRIT PETITION NO. 2946 of 2021 WITH INTERIM APPLICATION NO. 17631 OF 2022 Abdul Samad Alimiya Mandlekar } Petitioner Versus The State of Maharashtra & Ors. } Respondents WITH WRIT PETITION NO. 3608 OF 2021 WITH INTERIM APPLICATION NO. 17630 OF 2022 Shouakat A. Wahab Isane } and Ors. } Petitioners versus The State of Maharashtra & Ors. } Respondents Mr. Prathamesh D. Bhanushali for the petitioners. Mr. K. S. Thorat, AGP for State. Ms. Rahat Kalpatri i/b. Legasis Partners for respondent no. 4. Ms. Jaya Bagwe for respondent no. 5. Mr. Shubham Agrahari and Mr. Siddhant Marathe i/b. Andha Law Groups (LLP) for respondent no. 6. CORAM: S. V. GANGAPURWALA, Act.CJ.& SANDEEP V. MARNE, J. DATE: JANUARY 11, 2023 1 P.C.: Writ Petition No. 2564 of 2022: 1. The learned advocate for the petitioner, on written instructions, seeks leave to withdraw the writ petition. 2. The writ petition is disposed of as withdrawn. No costs. Writ Petition Nos. 2946 of 2021 and 3608 of 2021: 1. These writ petitions are scheduled on 6th February 2023. The same be listed on the scheduled date. (SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE)
1) Document Filed: Report
Filed By : Shouakat A. Wahab Isane And Ors
Advocate: Sangram Chinnappa
Filed Document - Date of Receiving - 1: 27/07/2021
2) Document Filed: Report
Filed By : Shouakat A. Wahab Isane And Ors
Advocate: Sangram Chinnappa
Filed Document - Date of Receiving - 2: 04/08/2021
3) Document Filed: Vakalatnama
Filed By : M/S Aditya Enterprises
Advocate: Anoma Law Group Llp
Filed Document - Date of Receiving - 3: 06/08/2021
4) Document Filed: Affidavit
Filed By : Petitioner
Advocate: Sangram Chinnappa
Filed Document - Date of Receiving - 4: 07/08/2021
5) Document Filed: Report
Filed By : M/S Aditya Enterprises
Advocate: Anoma Law Group Llp
Filed Document - Date of Receiving - 5: 09/08/2021
6) Document Filed: Report
Filed By : The Collector Raigad
Advocate: Government Pleader
Filed Document - Date of Receiving - 6: 12/08/2021
7) Document Filed: Report
Filed By : Shouakat A. Wahab Isane And Ors
Advocate: Sangram Chinnappa
Filed Document - Date of Receiving - 7: 20/08/2021
8) Document Filed: Report
Filed By : Petitioner
Advocate: Sangram Chinnappa
Filed Document - Date of Receiving - 8: 23/08/2021
9) Document Filed: Report
Filed By : M/S Aditya Enterprises
Advocate: Anoma Law Group Llp
Filed Document - Date of Receiving - 9: 13/10/2021
10) Document Filed: Report
Filed By : M/S Aditya Enterprises
Advocate: Anoma Law Group Llp
Filed Document - Date of Receiving - 10: 13/10/2021
11) Document Filed: Report
Filed By : Shouakat A. Wahab Isane And Ors
Advocate: Sangram Chinnappa
Filed Document - Date of Receiving - 11: 13/10/2021
12) Document Filed: Vakalatnama
Filed By : The State Of Maharashtra Thr. Principal Secretary Dept. Of Revenue And Forest And Ors
Advocate: Government Pleader A.S. Writ Cell
Filed Document - Date of Receiving - 12: 31/05/2022
13) Document Filed: Vakalatnama
Filed By : Maharashtra Coastal Zone Management Authority
Advocate: Sharmila Deshmukh
Filed Document - Date of Receiving - 13: 08/07/2022
Respondent-1: The State Of Maharashtra Thr. Principal Secretary Dept. Of Revenue
Respondent-2: Forest
Respondent-3: Ors
Petitioner-1: Shouakat A. Wahab Isane
Petitioner-2: Ors
Respondent-1: Deoram Motiram Pawar D/h- Bhaurao Deoram Pawar
Petitioner-1: The State Of Maharashtra
Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.539 OF 2014 WITH CRIMINAL APPLICATION NO.540 OF 2014 WITH CRIMINAL APPLICATION NO.541 OF 2014 WITH CRIMINAL APPLICATION NO.542 OF 2014 WITH CRIMINAL APPLICATION NO.548 OF 2014 WITH CRIMINAL APPLICATION NO.551 OF 2014 Amit Prakash Jaste .Applicant V/s. The State of Maharashtra & anr. .Respondents Mr.Rishi Bhuta & Mr.Manish Bohra i/b. M/s.A.S.Khan & Associates, Advocate, for the Applicant Mr.M.G.Shukla, Advocate, for the Respondent No.2 CORAM : REVATI MOHITE DERE, J. DATE : 11TH JULY, 2014 P.C. . Not on board. Heard learned counsel for the respective parties. The proceedings are stayed until further orders qua the petitioner. (REVATI MOHITE DERE, J.)
Respondent-1: The State Of Maharashtra
Respondent-2: Anr
Petitioner-1: Amit Prakash Jaste