Ananda Narayan Sankpal v. The Grocery Markets And Shops Bord (For Greater Mubmai Thane And Raigad ) And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed by TRUSHA TUSHAR MOHITE Date:
2023.02.07 14:58:04 +0530 TRUSHA TUSHAR MOHITE CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11968 OF 2019 Ananda Narayan Sankpal ..... Petitioner Vs.
The Grocery Markets and Shops Board and Ors.
..... Respondents WITH WRIT PETITION NO. 5688 OF 2021 Shamrao Anna Jadhav and Ors.
..... Petitioners Vs.
The Grocery Markets and Shops Board and Ors.
..... Respondents Mr.T.R.Yadav i/b Mr.Vaibhav Jagdale for the Petitioners in Writ Petition No.11968/2019 and Respondent no.2 in Writ Petition No.5688/2021 Mr.Dilip Bodake for the Petitioner in Writ Petition No.5688/2021 Mr.M.M.Pabale, A.G.P. for the State in both the Writ Petitions Mr.B.S.Mahamulkar for Respondent no.1 in both the Writ Petitions
CORAM:
S.V.GANGAPURWALA, ACJ & SANDEEP V. MARNE, J.
DATED :
FEBRUARY 06, 2023 P.C.
The dispute is about the work of particular Toli to be allotted work at Gala H-238. It appears that initially Respondent no.3 was doing business at Gala H-234. The workers of Toli No.5680 were allotted the work of Toli No.5006 and were doing work with the 1/3
erstwhile owner of Gala H-238. Now Respondent no.3 has closed its business at Gala No.H-234 and purchased Gala No.H-238. The dispute is as to which Toli should be awarded the work at Gala No.H238 owned by Respondent no.3. The argument and counter argument is advanced by the learned Counsel for the Petitioner and the Respondent no.2. We have heard the learned Counsel for the Respondent no.1. It is not disputed that the Respondent no.1 has passed an interim order directing the works of each Toli i.e. Toli Nos.5006 and 5680 to be allotted the work at Gala H-238. The Respondent no.1 has to pass final order as per the rules, regulations or practice that may be in force. In light of that, we pass the following order: a The Petitioner and Respondent no.2 may appear before Respondent no.1 and put forth their stand. b Respondent no.1 shall take final decision with regard to allotment of work of particular Toli and / or work to Toli in accordance with the law, rules and practice. c The said decision would be taken expeditiously. d Both the parties may appear before Respondent 2/3
no.1 and cooperate for expeditious decision by Respondent no.1 on 01.03.2023.
e The learned Counsel for the Respondent submits that the members of Toli no.5006 i.e. Respondent no.2 had assaulted the officers of Respondent no.1. In case such action is repeated, Respondent no.1 may take the help of police machinery.
f All contentions of parties are kept open.
g Both the Writ Petitions are disposed of.
(SANDEEP V. MARNE, J) (ACTING CHIEF JUSTICE) 3/3