Mr. Kantilal Dhanpatrai Jain And ANR v. Shree Agrasen Maharaj Nagari Sah. Patsanstha Mrydt, Through Trustees And ORS

12-wp-5257-2014.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATTE JURISDICTION WRIT PETITION NO.5257OF 2014 Kantilal Dhanpatrai Jain and Another

...Petitioners

vs.

Shree Agrasen Maharaj Nagari Sah.

Patsanstha Mrydt. and Others

...Respondents

Mr. Siddharth Ronghe i/b. Mr. Manoj Wadekar, for the Petitioners Mrs. R.M. Shinde, AGP for the Respondents-State. CORAM : SHANTANU S. KEMKAR & PRAKASH D. NAIK, JJ.

DATE :

JANUARY 20, 2017 P.C.:

.

The learned counsel for the Petitioners has placed on record the order dated 21st June, 2016 passed in Civil Application No. 671 of 2016. On going through the said order, it is clear that Writ Petition No. 5257 of 2014 is pending.

2.

We find that the relief claimed in the Petition in regard to the issuance of direction for holding enquiry against Respondent Nos. 1 and 2 does not survive in view of the fact that the enquiry has already been initiated as per order 29th November, 2012. Vishal Parekar 1/2

12-wp-5257-2014.doc 3.

In the circumstances, we dispose of this Petition with liberty to the Petitioner to submit a representation in regard to their grievances before the enquiry officer. The inquiry officer shall consider the same and take appropriate decision on it in accordance with law.

4.

The Petitioner may pray for expeditious hearing and disposal of the said representation and the enquiry before the enquiry officer and the concerned officer shall look into the grievances of the Petitioners on its own merits.

5.

The Petition is disposed of as such.

6.

The parties to act on the authenticated copy of this order. (PRAKASH D. NAIK, J.) (SHANTANU S. KEMKAR, J.) Vishal Parekar 2/2