Bombay High Court Issues Notice in Writ Petition Challenging State Action — Interim Directions for Filing Affidavits. Court directs respondents to show cause and file reply affidavits within one week, listing matter with connected petitions.

High Court: Bombay High Court
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Case Note & Summary

This is an interim order passed by the Bombay High Court in a writ petition filed by Satwaji Narsingrao Gedewad and others against the State of Maharashtra and others. The court issued notice to the respondents to show cause why the petition should not be admitted, returnable on 7 February 2005. The respondents were directed to file reply affidavits within one week, with an advance copy to the petitioners' counsel, who may file a rejoinder before the next date. The matter was ordered to be listed along with two other connected writ petitions (Writ Petition Nos. 10208 of 2004 and 10678 of 2004). The order was passed by a division bench comprising Chief Justice Dalveer Bhandari and Justice S.A. Bobde on 25 January 2005. No final adjudication on merits was made.

Headnote

A) Civil Procedure - Interim Orders - Notice and Directions - Court issued notice to respondents to show cause why petition be not admitted, directed filing of reply affidavits within one week, and listed matter along with connected petitions - Held that procedural directions for expeditious disposal are within court's inherent powers (Paras 1-3).

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Issue of Consideration

WRIT PETITION NO.52 OF 2005

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Final Decision

Notice issued to respondents to show cause why petition be not admitted, returnable on 7.2.2005. Respondents directed to file reply affidavits within one week. Petitioners may file rejoinder. Matter to be listed along with Writ Petition Nos.10208 of 2004 and 10678 of 2004.

Case Details

2005 LawText (BOM) (01) 141

Writ Petition No.52 of 2005

2005-01-25

Dalveer Bhandari, C.J., S.A. Bobde, J.

Mr. R.K. Mendadkar for petitioners; None present for respondents

Satwaji Narsingrao Gedewad & Ors.

State of Maharashtra & Ors.

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Nature of Litigation

Writ petition under Article 226 of the Constitution of India

Remedy Sought

Petitioners seek admission of the writ petition and appropriate relief against the State of Maharashtra and others

Judgment Excerpts

Issue notice to the respondents to show cause as to why this Petition be not admitted, returnable on 7.2.2005. We direct the respondents to file reply affidavits within one week from today, with an advance copy to the learned counsel for the petitioners, who would be at liberty to file rejoinder, if any, before the next date. To be listed along with Writ Petition Nos.10208 of 2004 and 10678 of 2004.

Procedural History

The writ petition was filed on an unspecified date. On 25 January 2005, the court passed an interim order issuing notice and directing filing of affidavits. The matter was directed to be listed along with two other connected writ petitions.

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