The State Of Maharashtra Through The Secretary And ANR. v. Sahebrao S/O. Rupla Rathod
Digitally signed by TRUPTI SADANAND BAMNE Date:
2023.12.19 17:51:38 +0530 TRUPTI SADANAND BAMNE Trupti 1 20-wp-2604-2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2604 OF 2018 The State of Maharashtra Through the Secretary, Home Department and Another ...
Petitioners versus Sahebrao s/o. Rupla Rathod ...
Respondent .......
Mr.N.C.Walimbe, Addl. GP for the Petitioners -State. Mr.D.J. Shejul for the Respondent.
.......
CORAM : NITIN JAMDAR & MANJUSHA DESHPANDE, JJ.
DATE : 18 DECEMBER 2023 P.C.:
On 29 November 2023, the following order was passed : "On 2 November 2023, the following order came to be passed :- " The impugned order is dated 15 November 2016, the Petitioner - State was directed to appoint Respondent (Applicant) as a Police Constable, he was otherwise found fit within a period of one month from the date of the order. Writ Petition is filed thereafter on 4 May 2017, six months of the passing of the impugned order. Thereafter, it was simply kept pending. No interim relief is sought against the order which is passed on 15 November 2016
Trupti 2 20-wp-2604-2018.doc
2. The learned Counsel for Respondent states that the Respondent is not yet joined on duty, which would indicate that the said order is not complied with. Stand over to 29 November 2023.
3. The Petitioner is put to the notice, as to why the Court should not refuse to entertain this Petition for clear non-compliance of the impugned order without seeking any interim order for last six years."
2. The learned AGP states that he has not received any instructions. The order dated 2 November 2023 is clear. Four weeks are gone by yet no instructions are given. If no affidavit is filed by Respondent No.2 - the Commissioner of Police, explaining the position which we have narrated in the order dated 2 November 2023, we would presume that the State is not interested in prosecuting this Petition and appropriate order will be passed.
3. Stand over to 18 December 2023".
2.
No instructions have been received by the learned Addl. GP. The writ petition is dismissed for non-prosecution. (MANJUSHA DESHPANDE, J.) (NITIN JAMDAR, J.)