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2017 Supreme(Bom) 1599

R.D.DHANUKA, SUNIL K.KOTWAL
Sayyed Ratanbhai Sayyed, Since deceased through his Legal heirs – Appellant
Versus
Shirdi Nagar Panchayat, Shirdi. Through its Chief Officer – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: V.J. Dixit, L.V. Sangeet
For the Respondents: V.D. Hon, A.V. Hon, A.B. Girase, B.A. Shinde, M.A. Deshpande, S.R. Chowkidar, Pradnya Talekar, K.M. Nagarkar

JUDGMENT :

R.D. Dhanuka, J.

1. Heard learned counsel appearing for the parties.

2. By this petition filed under Articles 226 and 227 of the Constitution of India, the petitioners seek a writ of certiorari, order or direction in the nature of writ of certiorari and pray for quashing and setting aside the order dated 26.9.2017 arising out of Writ Petition No.78/2004. The petitioners also seek a writ of mandamus interalia praying for an order and direction against the respondent no.5 for allegedly committing fraud on this Court by allegedly abusing the judicial process and obtaining collusive order. The petitioners have amended the prayers in the writ petition and seek additional prayer of writ of certiorari and seek correction and/or modification or for quashing and setting aside the order dated 26.9.2017 passed by this Court in Contempt Petition No.258/2017.

3. Some of the relevant facts for the purpose of deciding this writ petition and the contempt petition are as under.

4. At the outset, the learned counsel for the respondent no.5 (original petitioner in Writ Petition No.78/2004) through his counsel raises a preliminary objection about the maintainability of this writ petition by whic


























































































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