Bhila Adhar Patil And ORS v. Yogesh Devidas Patil And ORS

1(i)-IA.651.2021 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 651 OF 2021 IN WRIT PETITION NO. 7830 OF 2017 Bhila Adhar Patil and Ors.

} Applicants In the matter between Yogesh Devidas Patil and Ors.

} Petitioners

Versus

Union of India and Ors.

} Respondents Mr.Rajeshwar Panchal with Mr.A.R.Kori for the applicants. Mr.Vijay Kurle for the original petitioners.

Mr.T.J.Pandian for Union of India.

CORAM :- DIPANKAR DATTA, CJ & G. S. KULKARNI, J.

DATE :- AUGUST 11, 2021 PC :- 1.

This is an application for intervention at the instance of 87 applicants. It appears from the application that some of the applicants had approached the Central Administrative Tribunal, Mumbai Bench, Mumbai (hereafter "the Tribunal" for short) by presenting Original Application No. 655 of 2019. Such application was disposed of by the Tribunal by an order dated 26th September 2019 with a direction for consideration of the representation of the original applicants dated 21st August 2019. The representation has since been disposed of by an order dated 22nd October 2019.

J.V.Salunke,PS

1(i)-IA.651.2021 2.

Admittedly, the applicants have not challenged the order dated 22nd October 2019 before the Tribunal. Without challenging such order, an attempt is made to espouse their grievance by filing the interim application for intervention. In our considered view, this intervention application is not maintainable without the applicants having explored their remedy before the Tribunal in an appropriate application to challenge the order dated 22nd October 2019. The interim application stands dismissed. There shall be no order as to costs.

3.

This order shall not preclude the applicants to pursue their legal remedy before the Tribunal in accordance with law. SALUNKE J V (G. S. KULKARNI, J.) (CHIEF JUSTICE) by SALUNKE J V Date: 2021.08.11 20:06:05 +0530 J.V.Salunke,PS