Petitioners sought leave to withdraw their writ petition to pursue an appropriate alternate remedy. The court permitted withdrawal, granted fifteen days' protection from coercive action by the respondents, kept all contentions open, and disposed of the petition with no costs.
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Digitally signed byPRASHANT PRASHANT VILAS VILAS RANE RANE Date: 2024.01.17 15:36:28 +0530
11wp-646-24.odt
pvr
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 646 OF 2024
Sachin Shivaji Thombare & Ors. ..Petitioners Versus The State of Maharashtra & Ors. ..Respondents
Mr. Rahul S. Kate, for the Petitioners.
Ms. S. D. Vyas, Addl. Govt. Pleader with Ms. P. N. Diwan, AGP for the State.
Mr. Shubham Misar, for Respondent No.6.
CORAM : G. S. KULKARNI & FIRDOSH P. POONIWALLA, JJ.
DATE : 16 JANUARY 2024.
P.C.:
1. After this petition was heard for some time, Mr. Kate, learned
Counsel for the petitioners seeks leave to withdraw this petition, to enable the petitioners to take recourse to an appropriate remedy as available in law. He submits that the respondents are likely to take coercive action against the petitioners, and would request for a protection till the petitioners take recourse to an appropriate remedy.
2. Considering the facts and circumstances of the case, to enable the
petitioners to take recourse to appropriate remedy as permissible in law, we
Page 1 of 2
16 January 2024
11wp-646-24.odt
are of the opinion that the course of action as suggested by Mr. Kate needs to be followed.
3. We direct that for a period of fifteen days from today, no coercive action be taken by the respondents, this merely, to enable the petitioners to avail of the alternate remedy and grant of such limited protection would not amount to any expression on the rival contentions. We keep open all
contentions of the parties to be agitated in the appropriate proceedings.
4. Disposed of in the above terms. No costs.
[FIRDOSH P. POONIWALLA, J.]
Page 2 of 2
16 January 2024
Sachin Shivaji Thombare & Ors.
The State of Maharashtra
G. S. Kulkarni
Firdosh P. Pooniwalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court