Nilay Suresh Bhoge vs. The State Of Maharashtra

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s).17759/2024

NILAY SURESH BHOGE & ORS. Petitioner(s)

VERSUS

THE STATE OF MAHARASHTRA & ORS. Respondent(s) (IA NO.188069 OF 2024 TO BE LIST BEFORE HON'BLE JUDGE-IN-CHAMBERS.) (IA No. 188069/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION) Date : 06-09-2024 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE PRASANNA BHALACHANDRA VARALE [IN CHAMBER] For Petitioner(s) Ms. Anagha S. Desai, AOR Mr. Satyajit A. Desai, Adv. Mr. Anup Kr. Mishra, Adv. Ms. Rahpade Mohini Anandtrao, Adv. Mr. Siddharth Gautam, Adv. Mr. Abhinav K. Mutyalwar, Adv. For Respondent(s) Mr. Gharote Anurag A, AOR Dr. Ravindra Chingale, Adv. Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv. Mr. Aditya Krishna, Adv. Ms. Preet S. Phanse, Adv. Mr. Adarsh Dubey, Adv.

UPON hearing the counsel the Court made the following O R D E R

I.A. No.188069/2024

1. Heard the learned counsel, Ms. Desai for the applicants.

2. By way of present application, the applicant prays for (a) the directions to the Registry to serve the notices to the respondent Digitally signed by RAVI ARORA Date: 2024.09.09 14:43:48 IST Reason: Signature Not Verified

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Nos. 5 to 218 through digital/electronic mode, i.e., E-mail and/or Whatsapp, as per the details provided in the amended memo of parties. By way of prayer (b), the applicants – petitioners further pray for exemption from filing hard/physical copy of the SLPs, alongwith additional documents for effecting service of notice upon the said respondents.

3. The learned counsel submits that the petitioners may be permitted to use the electronic digital medium for the copies of SLP alongwith additional documents to be supplied to the respondents.

4. The learned counsel invited my attention to the order of this Court dated 12.08.2024 and it reads:

"We permit the petitioners to implaed the additional respondents in terms of a direction issued in paragraph 3 of the order of the Maharashtra Administrative Tribunal dated 8th November, 2023. The amended cause title shall be filed within a period of one week from today.

Issue notice to the respondents, returnable on 30th September, 2024.

We make it clear that this Court has not granted any interim relief as of today".

5. The learned counsel, Ms. Desai submits that the amended cause title has already been filed as directed by this Court vide order dated 12.08.2024. But, it will be very difficult for the petitioners – applicants to serve the respondents, namely, respondent Nos.5 to 218 by regular mode of service. The learned counsel further submits that the supply of hard copy of the SLP alongwith the additional documents will cause a substantial

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financial burden on the petitioners. The petitioners are working as Range Forest Officers and may not be in a position to bear this financial burden.

6. The learned counsel further submits that by regular service mode, it will require more time and there is an apprehension that the respondents would not be served before the due date, i.e., 30.09.2024 by the regular mode of service. The learned counsel also drawn my attention to an order passed by this Court on 10.07.2020 to submit that in the peculiar circumstances of the National lockdown, due to pandemic (Covid-19), considering that peculiar circumstance, this Court directed the service of the respondents to be effected by e-mail, fax, Whatsapp, Telegram Signal etc.

7. Thus, the learned counsel submits that in view of the pressing urgency in this matter, the direction be issued to the Registry to serve the respondents by way of dasti mode by using digitized or electronic medium/mode, i.e., e-mail, Whatsapp etc.

8. There is a considerable merit in the submission of the learned counsel. Accordingly, the application is allowed, in terms of prayers (a) and (b).

(RAVI ARORA) (AMITA PANDEY)

COURT MASTER (SH) COURT MASTER (NSH)

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