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Bombay High CourtWP/5143/2017dismissed

Sawantwadi Municipal Council Through Its Chief Officer v. Subhash Bable Birodkar

2019-02-05Hon'Ble Shri Justice A. K. Menon2 pages

24.wp-5124.17.odt sbw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5124 OF 2017 Sawantwadi Municipal Council through its Chief Officer .. Petitioner Vs.

Tulsidas B. Naik .. Respondent WITH WRIT PETITION NO.5143 OF 2017 Sawantwadi Municipal Council through its Chief Officer .. Petitioner Vs.

Subhash B. Birodkar .. Respondent Ms. S.S. Wadekar for the petitioners.

Mr. B.G. Tangsali for the respondents.

CORAM : A.K. MENON, J.

DATED : 5TH FEBRUARY, 2019.

P.C. :

1. By these writ petitions, the petitioner corporation has challenged an order dated 27 th April, 2010. The copy of the order seen to have been issued on 30 th April, 2010 but the petitions are affirmed only on 13 th January, 2017. The reasons for delay in filing and approaching this Court is set out in paragraphs 8 and 9. I do not find the reasons 1/2

24.wp-5124.17.odt compelling enough to overlook the delay of over seven years and entertain these petitions.

2. Even otherwise, it is the case of the counsel for the petitioners that in compliance with the order impugned, a proposal for absorbing the two respondents have already been sent to the appropriate authority. However, no posts have been sanctioned yet and therefore, the order cannot be complied with.

3. Be that as it may, the State is not even a party to the petitions. There is no reason to entertain these petitions at this stage. In view of the above, I pass the following order;

(i) Writ petitions are dismissed.

(ii) No orders as to costs.

(A.K.MENON,J.) wadhwa 2/2