Dinesh Krishnarao Randhave @ Rajabhau Chopdar And ANR v. Dnyaneshwar Maharaj Sansthan Alandi And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7176 OF 2022 Dinesh Krishnarao Randhave @ Rajabhau Chopdar & Anr.
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Petitioners
Versus
Dnyaneshwar Maharaj Sansthan Alandi & Ors.
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Respondents Mr. R. V. Govilkar a/w. Ms. Shaba N. Khan, Advocate for the Petitioner.
Mr. A. V. Anturkar, Senior Advocate a/w. Mr. Amol A. Gatne, Advocate for the Respondent Nos.1 & 3.
CORAM:
S.V. GANGAPURWALA & S. M. MODAK, JJ.
DATED :
JUNE 20, 2022 P.C.
1.
We have heard the learned Counsel for the petitioners and the learned Senior Advocate for the respondent No.1 & 3.
2.
The petitioners seek directions against the respondents from restraining the petitioners in assisting /helping their cousin Mr. Ranadave, who will be performing the duties and functions as Chobdar in the Palkhi Procession of Ashadi Ekadashi 2022 commencing from 21st June 2022. The learned Counsel for the petitioners submits that the petitioners were suspended in November 2021 and in December 2021, the petitioners were permitted to assist their cousin Pandurang Vasantrao Ranadave, Chohbdar, so 1/3
also the petitioners be allowed to assist the Chobdar in performing the duties functions as Chobdar in Palkhi Procession of Ashadi Ekadashi 2022.
3.
The leaned Counsel submits that the petitioners have filed appeal before the Principal District Judge, Pune bearing Appeal No. 1 of 2022 challenging the order of suspension The learned Counsel for the petitioners submits that the petitioners have filed an oral application to the Principal District Judge in the pending appeal seeking permission to assist the Chobdar, but no orders are passed therein. The petitions were permitted by the respondents to assist Chobdar in December 2021 for the Palkhi Procession. This time also the petitioners be permitted to assist the Chobdar in Palkhi Procession.
4.
Mr. Anturkar, learned Senior Advocate disputed that the petitioners have made oral application before the Principal District Judge in the pending appeal and according to the learned Senior Advocate the present petition is not tenable in the present form.
5.
The petitioners are suspended under the order dated 7th November 2021. The said suspension is assailed before the Principle District Judge, Pune by filing an appeal bearing Appeal No.1 of 2022. The said appeal is pending before the Principle District Judge, Pune. The petitioners could have filed an application seeking such relief before the District Judge in the pending appeal.
6.
The petitioners are under suspension. The appeal is also pending. It would not be appropriate to entertain the present writ petition. The petitioners may make an 2/3
application before the Principal District Judge in the pending appeal which application would be decided by the Principal District Judge expeditiously in accordance with law after hearing all the parties concerned.
7.
The writ petition is disposed of. No costs.
(S. M. MODAK, J.) (S.V. GANGAPURWALA, J.) Digitally signed by RAJU DATTATRAYA GAIKWAD Date:
2022.06.22 15:49:13 +0530 RAJU DATTATRAYA GAIKWAD 3/3