Bombay High CourtWP/14706/2022disposed off

Shri Sunil Dharmraj Deshmukh And ORS v. The Principal Secretary Urban Development Dept. And ANR

2022-12-19Hon'Ble The Acting Chief Justice,Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

10.14706.22-wp.docx Digitally signed by BASAVRAJ GURAPPA PATIL Date:

2022.12.20 10:52:33 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION BASAVRAJ GURAPPA PATIL WRIT PETITION NO. 14706 OF 2022 Sunil Dharmraj Deshmukh & Ors.

..... Petitioners Vs.

The State of Maharashtra & Ors.

..... Respondents Mr. Y. B. Lengare for the Petitioners Mr. B. V. Samant, AGP for the State

CORAM:

S.V.GANGAPURWALA, ACJ & S.G.CHAPALGAONKAR, J.

DATED :

DECEMBER 19, 2022 P.C.

We have heard the learned Counsel for the Petitioners and the learned AGP for the State .

The Petitioners have filed an Original Application challenging the order passed by the Respondents thereby reducing the Petitioners from Cadre - A to Cadre - B and from Cadre - B to Cadre - C, respectively.

The Petitioners had filed an Interim Application for stay and execution of the order reducing Petitioner No.2 from Cadre - A to Cadre - B and other Petitioners from Cadre - B to Cadre - C. The Tribunal has observed that the said decision is taken pursuant to the decision taken by the Maharashtra Administrative Tribunal, Nagpur Basavraj 1/2

10.14706.22-wp.docx dated 8th January 2019 in Original Application No.1025/2018. We asked the learned counsel for the Petitioners and the learned AGP, whether the judgment of the Tribunal at Nagpur in Original Application No.1025/2018 is stayed, they submit that no such stay has been granted to the judgment of the Tribunal. The Respondents have carried out the exercise purportedly, pursuant to the order of the Tribunal at Nagpur in Original Application No.1025/2018. In view of that, the Tribunal has observed that interim relief at this stage cannot be granted. Even otherwise, if the Applicants succeed in the Writ Petition, the Applicants would be entitled for all the consequential benefits. The order of which the stay is sought, is already implemented by the Respondents.

In light of that, we are not inclined to pass any further orders in the Writ Petition. The Writ Petition, as such, is disposed of, in view of the observations made above. No costs.

We request the Tribunal to consider the Original Application filed by the Petitioners, expeditiously.

(S.G.CHAPALGAONKAR, J) (ACTING CHIEF JUSTICE) Basavraj 2/2