Smt. Neelam H. Hatkar v. Government Of Maharashtra Through Rural Development Dept. And ORS
dgm 1 3-wp-4883-16 with caw-2369-16.sxw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4883 OF 2016 WITH CAW/2369/2016 Smt. Neelam H. Hatkar .... Petitioner vs Government of Maharashtra and ors.
.... Respondents Mr. C.S. Joshi for the petitioner.
Mr. V.N. Sagare, AGP for respondents 1 and 4. Mr. Ajay S. Patil for respondents 2 and 3.
Mr. Sagar Ashok Mone for respondent No.5.
CORAM: ANOOP V. MOHTA AND G. S. KULKARNI, JJ.
DATE : September 28, 2016 ORDER:
We had heard the parties on the earlier occasion on 11 July 2016 and had passed an order directing the Respondents to post the Petitioner at the Public Health Center (PHC) at Mahim and/or any other convenient place. By our further order dated 6 September 2016 we had directed the compliance of our earlier order. However, as the order was not complied on 21.09.2016 in our order, we recorded the statement on behalf of Respondents 2 to 4 that Respondents 2 to 4 had already taken steps to post the Petitioner at Public Health Center, 1/3
dgm 2 3-wp-4883-16 with caw-2369-16.sxw Kelwa- Mahim and that a proposal to that effect is forwarded for the sanction/approval of the Divisional Commissioner. Today Mr. Patil, learned counsel appearing for Respondents 2 and 3 tenders a copy of order dated 26 September 2016 by which the Petitioner has been posted at Kelwa, Mahim. The said order is taken on record and marked "X" for the purpose of identification.
The learned counsel appearing for the Petitioner states that in view of order dated 26 September 2016, the principal grievance of the Petitioner has been redressed by the Respondents. However, he submits that there are certain other prayers as made in the petition. We have perused these prayers of the Petitioner. Having considered the submissions as made on behalf of the parties and in view of order dated 26 September 2016 passed by the Block Development Officer, Panchayat Samiti, Palghar posting the Petitioner at Public Health Center,Kelwa-Mahim, we are of the opinion that the grievances of the Petitioner to this extent are appropriately 2/3
dgm 3 3-wp-4883-16 with caw-2369-16.sxw redressed. As regards the other prayers, the Petitioner is at liberty to adopt appropriate proceedings/make representation to the appropriate authorities. In these circumstances, we do not feel, that any further adjudication of the writ petition is called for. We accordingly dispose of the present petition.
No costs.
Civil Application No.2369/2016 does not survive in view of disposal of writ petition, the same is accordingly disposed of. (G. S. KULKARNI, J.) (ANOOP V. MOHTA, J.) 3/3