Advocates:
['S M VAISHNAV', 'GP', '', 'B N JAIPURKARFOR R']

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 3284 OF 2020

( Pratik Prakash Nagapure Vs. The State of Maharashtra, through its Secretary for Rural

Development Department, Mantralaya, Mumbai and others )

__________________________________________________________________________

Office Notes, Office Memoranda of Coram,

appearances, Court'

s orders or directions

Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri S.M. Vaishnav, Advocate for petitioner

Shri Amit Madiwale, AGP for the respondent No.1.

Shri B.N.Jaipurkar, Advocate for the respondent no.2.

CORAM : SUNIL B. SHUKRE AND

ANIL S. KILOR, JJ

.

DATE : 23^rd AUGUST, 2021.

After hearing this case for some time, learned

counsel for the petitioner seeks leave of the Court to

withdraw the petition with liberty to make a fresh

representation to respondent no.2 by relying upon the

judgment of Coordinate Bench of this Court at

Aurangabad delivered on 11^th March, 2020 in the case of

Dyneshwar Musane Vrs. State of Maharashtra and other,

reported in 2020 (3) ALL MR 550.

2.

Leave with liberty as prayed for is granted

subject to the condition that representation, if any, shall

be made within two weeks from the date of the order

and if it is so made, same shall be decided in accordance

with law, in the light judgment of this Court dated 11^th

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March, 2020 rendered in the case of Dyneshwar Musane

Vrs. State of Maharashtra (supra) within a period of four

weeks from the date of receipt of the representation.

3.

We make it clear that the judgment delivered

in the said case of Dyneshwar Musane Vrs. State of

Maharashtra (supra) has attained finality as it has not

been brought to our notice that it has been challenged

by the State of Maharashtra before the Supreme Court

and therefore, it shall not be open for the respondent

no.2 now to rely upon Government Resolution dated

28^th May, 2015 in order to reject the request of the

petitioner for substituting his name in place of name of

his mother, in the matter of compensationate

appointment.

4.

Writ petition is disposed of accordingly. No

costs.

JUDGE

JUDGE

sknair