Mr. Santosh Bapurao Rathod And ORS. v. The State Of Maharashtra Through Secretary And ORS.

wpst-28131.18.doc pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE WRIT PETITION (ST) NO.28131 OF 2018 Mr. Santosh Bapurao Rathod and Ors.

... Petitioners Vs.

The State of Maharashtra and Ors.

... Respondents Mr. M.S. Bhandari I/b. Mr. Mangesh M. Deshmukh for the Petitioners. Mr. Y.S. Khochare, AGP for the Respondents - State. Digitally signed by Pallavi Mahendra Wargaonkar Date:

2018.10.04 10:57:41 +0530 CORAM :

A.S.OKA AND M.S. SONAK, JJ.

Pallavi Mahendra Wargaonkar DATE :

1st OCTOBER 2018.

P.C. :

.

Not on board. Taken on board.

Prayer (a) is the only substantive prayer in this petition under Article 226 of the Constitution of India for issuing a writ of mandamus against the Maharashtra Administrative Tribunal to hear the Miscellaneous Application No.472 of 2018 in a time frame. Remedy of the petitioners is to make an application in writing to the Maharashtra Administrative Tribunal by making out a case of urgency. A writ of mandamus as prayed cannot be issued. We, accordingly, dispose of the petition with liberty to the petitioners to make an application before the Maharashtra Administrative Tribunal.

We find that a copy of the opinion of the learned Advocate General has been annexed to the petition. This Court has repeatedly deprecated the practice of annexing and relying upon the opinion of the Members of the Bar. If opinion of the learned Advocate General is on record of the Maharashtra Administrative Tribunal, we are sure that the Maharashtra Administrative Tribunal will pass necessary orders. (M.S. SONAK, J.) (A.S.OKA, J.)