Nilima Sahebrao Suryawanshi v. State Of Maharashtra Thr. Prin. Sec. And ANR

1 35-wp-7913-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7913 OF 2023 Nilima Sahebrao Suryawanshi ...

Petitioner.

V/S.

State Of Maharashtra Through Principal Secretary And Anr ...

Respondents.

.......

Mr.Akash Pandey a/w. Mr.Ishan Paradkar h/f.Ms.Manisha Jagtap i/b. J.Shekhar and Co. for the Petitioner.

Mr.N.K.Rajpurohit AGP for Respondent No1.

Mr.Sanjay Kshirsagar for Respondent No.2.

.......

CORAM : NITIN JAMDAR, AND MANJUSHA DESHPANDE, JJ.

DATE :

04 September 2023.

P.C. :

Heard learned counsels for the parties.

The Petitioner, who was Respondent No.2 in the Original Application No.687/2023, has challenged the interim order passed by Maharashtra Administrative Tribunal dated 19 June 2023. The Original Application No.687/2023, was filed by the JYOTI RAJESH MANE Applicant/Respondent No.2 herein questioning transfer of the JYOTI RAJESH MANE Date: 2023.09.11 17:34:37 +0530

2 35-wp-7913-23.doc Petitioner from Shahapur to Thane in place of the Respondent No.2/ Original Applicant. The Tribunal by the impugned order stayed this order dated 16 June 2023 and directed that the Respondent No.2/original Applicant, should join the post of Tahsildar, Thane from where he was transferred.

In this Petition, on 28 June 2023 after hearing counsel for the parties, Division Bench stayed order dated 19 June 2023 and clarified that the Tribunal can proceed with the matter. This interim order is continued till the date. As a result the order dated 16 June 2023 stands revived pending the original application. We are informed that the Original Application No.687/2023 is listed before the Tribunal today for disposal.

Learned counsel for the Respondent No.2 states that the Petitioner herein should not prolong hearing of the application. Learned counsel for the Petitioner assures that no needless adjournment will be sought before the Tribunal and the Petitioner will co-operate for early disposal of the Application. Considering this position we dispose of the writ petition continuing the order dated 20 June 2023 passed in this Writ Petitioner till disposal of Original Application No.687/2023. The Tribunal will no doubt note the concern expressed by the Respondent No.2/Applicant and the assurance given by the Petitioner before us for early disposal of the Original Application.

3 35-wp-7913-23.doc The Original Application will be decided on its own merits unaffected by the impugned order and the order of this Court. (MANJUSHA DESHPANDE, J.) (NITIN JAMDAR, J.)