Writ petition challenging forwarding a communication for fresh drawing of lots was disposed of without merits as reservation issues remained open for separate agitation.
No costs.
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14-wp-4246-2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
14 WRIT PETITION NO.4246 OF 2020
SHIVRAJ TOLBA BARSE
..PETITIONER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS..RESPONDENTS
Mr. V. B. Dhage h/f Mr. Anil M. Gaikwad, Advocate
for the Petitioner.
Mr. P. S. Patil, AGP for Respondents-State.
CORAM : S. V. GANGAPURWALA &
SHRIKANT D. KULKARNI, JJ.
DATED : 07th DECEMBER, 2020.
PER COURT:-
1.We have heard the learned counsel for the
petitioner.
2.The learned counsel submits that the
impugned communication directing the redraw is
illegal and not in consonance with the provisions
of the Statute and Rules. The draws were already
drawn. The objections were raised by the
petitioner and the changes were made. Still
communication is issued for the fresh draw, the
same is illegal.
3.The learned A.G.P. appears for respondent
nos. 1, 3 and 4.
4.The impugned communication is dated
05.03.2020. It is not disputed by the learned
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counsel for the petitioner that after the impugned
communication the draws have been drawn and the
reservations are made as per the fresh lots drawn.
5.In that case, the petitioner will have to
show how the reservation of the wards are not in
tune with the Rules. The same is not subject
matter in the present writ petition.
6.In light of that, the present writ
petition cannot be considered on merits. If the
petitioner is aggrieved by the reservation of the
wards made pursuant to the impugned communication,
it is for the petitioner to agitate against the
same as is permissible under the law.
7.In that event, all contentions are kept
open. Writ Petition disposed of. No costs.
(SHRIKANT D. KULKARNI) (S. V. GANGAPURWALA) JUDGE JUDGE
Devendra/December-2020
SHIVRAJ TOLBA BARSE
THE STATE OF MAHARASHTRA
S. V. GANGAPURWALA
SHRIKANT D. KULKARNI
As recorded by the court registry
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