: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4045 OF 2006 WRIT PETITION NO.4045 OF 2006 WRIT PETITION NO.4045 OF 2006 The State of Maharashtra & Ors. .. Petitioners. Versus Smt.Utkarsha Kamlesh Bavdekar .. Respondent. Mr.V.A.Gangal, Special Counsel with Mr.Ashok Gade & Mr.S.R.Nargolkar, A.G.P. for the petitioners. Mr.Rui Rodrigues with Mr.B.V.Phadnis for respondent. CORAM : D.K. DESHMUKH & CORAM : D.K. DESHMUKH & CORAM : D.K. DESHMUKH & R.Y. GANOO, JJ. R.Y. GANOO, JJ. R.Y. GANOO, JJ. DATE : 3rd July, 2008. DATE : 3rd July, 2008. DATE : 3rd July, 2008. P.C.: P.C.: P.C.: 1. The learned Counsel appearing for both the sides are agreed that the facts involved in this petition are identical to the facts involved in Writ Petition No.10416 of 2004 in the case of The State of Maharashtra & Ors. The State of Maharashtra & Ors. The State of Maharashtra & Ors. v/s.Smt.Sulbha Vasant Parab v/s.Smt.Sulbha Vasant Parab v/s.Smt.Sulbha Vasant Parab and other connected matters which was decided by order dated 18.6.2008. 2. In view of this statement, the petition is disposed off in the following terms :- a) The petition succeeds and is allowed. b) The order dated 13.2.2006 passed by M.A.T., Mumbai which is impugned in this petition : 2 : is set aside. The O.A.No.690 of 2004 is remitted back to the Tribunal for de-novo consideration and decision in accordance with law. c) Considering that the matter has been pending for long time, the Tribunal shall dispose off the same as expeditiously as possible. Rule made absolute accordingly. No order as to costs. (D.K. DESHMUKH, J.) (D.K. DESHMUKH, J.) (D.K. DESHMUKH, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)