On application for withdrawal and extension of interim stay, writ petitions filed under Art. 226 were allowed to be withdrawn and dismissed. The court clarified that merits remain open.
Writ petitions allowed to be withdrawn and dismissed; ad-interim stay continued for three weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
09-WP-7918-2023.doc
Arjun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.7918 OF 2023
Jitendra Mansing Patil …Petitioner
V/s.
The State of Maharashtra & Ors. …Respondents
WITH
WRIT PETITION NO.8777 OF 2023
Jitendra Mansing Patil …Petitioner
V/s.
The State of Maharashtra & Ors.
…Respondents
Mr. Tapan Thatte, for the Petitioner in both the Writ Petitions.
Mr. C. D. Mali, AGP, for the Respondent No.1-State.
Mr. Nikhil N. Pawar, for Respondent Nos.2 to 7 in both the Writ Petitions.
CORAM : MADHAV J. JAMDAR, J. DATED : OCTOBER 17, 2023
P.C.:
1. Heard Mr. Thatte, learned counsel appearing for the Petitioner and Mr. Pawar, learned counsel appearing for Respondent Nos.2 to 7.
2. At the outset, Mr. Pawar, learned counsel states that there is an alternate remedy available under the provisions of the
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09-WP-7918-2023.doc
Consumer Protection Act. In view of the said contention, Mr. Thatte, learned counsel appearing for the Petitioner seeks withdrawal of the Writ Petitions. Accordingly, the Writ Petitions are allowed to be withdrawn and dismissed as such.
3. At this stage, Mr. Thatte, learned counsel states that there is an ad-interim relief granted on 28th June 2023 and seeks continuation of the same for some period. Accordingly, ad-interim relief granted by the order 28th June 2023 shall remain in operation for a period of three weeks from today.
4. It is clarified that, this Court has not considered the merits of the matter and all the contentions on merits are expressly kept open.
5. Accordingly, the Writ Petitions are disposed of in above terms with no order as to costs.
[MADHAV J. JAMDAR, J.]
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Jitendra Mansing Patil
The State of Maharashtra
Madhav J Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
