Shri Milind Rampratap Hiwale v. The State Of Maharashtra And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 958 OF 2017 Shri. Milind Rampratap Hiwale

...Petitioner

Vs.

The State of Maharashtra & Ors.

...Respondents

Mr. Nitin P. Dalvi, Advocate for the Petitioner Mr. Gaurav Bandiwadekar i/b. Mr. Bhushan A. Bandiwadekar for Respondent No.2 Mrs. Sushma Bhende, AGP for Respondent No.1 CORAM : SMT. V.K. TAHILRAMANI, & M.S. KARNIK, JJ.

DATED :29TH MARCH, 2017 P.C. :

1.

The Petitioner has challenged the interim order dated 6th December, 2016 passed by the Maharashtra Administrative Tribunal, Mumbai. The Tribunal by this interim order has stayed the transfer order dated 2nd December, 2016 transferring the Respondent No.4 from Traffic Branch, Uran and thereby posting the Petitioner in his place.

2.

Today when this Petition came up for admission it is informed by the learned Counsel for the Petitioner that even the Respondent No.1 State had challenged the present impugned order passed by the Tribunal in a separate Writ Petition, which later came to be

withdrawn. The learned Counsel for the Petitioner submits that as he has now appeared before the Tribunal and it has been indicated by the Tribunal in paragraph 9 of the order that the Tribunal may take the case for final disposal at the stage of admission, the Petitioner would not press this Petition. He, however, requested that the Tribunal may decide the application at the earliest as even the pleadings are now complete. This request is not opposed by the Respondents.

3.

In view of the submission made by the Petitioner we pass the following order:

1. The present Writ Petition is disposed of as not pressed.

2. We, however, request the Maharashtra Administrative Tribunal to decide O.A. No. 1137 of 2016 as expeditiously as possible and preferably within a period of two months from today.

3. All contentions on merits are kept open.

4. No order as to costs.

(M.S. KARNIK, J.) (SMT. V.K. TAHILRAMANI, J.)