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2016 Supreme(Bom) 1836

R.M.BORDE, A.I.S.CHEEMA, RAVINDRA V.GHUGE
Ku. Yogita d/o Anil Sonawane – Appellant
Versus
State of Maharashtra, through its Secretary, Tribal Development Department, Mantralaya, Mumbai – Respondent


Advocates Appeared:
For the Petitioner:S.R. Barlinge with Madhur A. Golegaonkar, A.S. Golegaonkar and M.S. Deshmukh, Advocates.
For the Respondents:P.S. Patil, A.G.P., V.D. Hon, Senior Counsel i/by A.V. Hon, Advocate, K.C. Sant, Advocate.

ORDER :

R.M. Borde, J.

The question, that has been referred for consideration by the Division Bench is:

"Whether judgment of the Hon'ble Apex Court in the S.L.P.'s (Dattu s/o Namdev Thakur v. State of Maharashtra & others), reported in (2012) 1 SCC 549 (SLP (C) Nos. 3314 of 2010, 3370 of 2010 and 3365 of 2010, decided on 7th December, 2011), will operate as res judicata only between the parties or it will be the law of land under Article 141 of the Constitution of India?"

2. The referring order, passed by the Division Bench on 19th October, 2013, reads thus:

"Per Court:

1. Matter was heard for quite some time on 17/10/2013 and came to be adjourned to today.

2. Adv. Mr. Kulkarni h/f Adv. Mr. Barlinge has invited our attention to the Division Bench Judgment in case of Kashibai W/o Sanga Pawar v. State of Maharashtra, reported at 1993 (2) Mh.L.J. 1168 to urge that effect of 1976 Area Restriction removal is as if there never was area restriction. He submits that this judgment was not pointed out to the Division Bench of this Court when it decided Writ Petition No. 7813/2009 with connected matter


























































































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