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Bombay High CourtCAW/321/2016rejected

The General Secretary, Maha. Bhuvikas Mahamandal Karmachari Sanghatana v. The Secretary, Command Area Development (Cad) And ANR.

2016-02-15Hon'Ble Shri Justice Nitin Jamdar2 pages

CAW 321.16.sxw JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 321 OF 2016 IN WRIT PETITION NO. 5684 OF 2011 The General Secretary, Maharashtra Bhuvikas Mahamandal Karmachari.

... Applicant.

In the matter between :

The Secretary, Command Area Development (CAD) & Anr.

... Petitioners.

V/s.

The General Secretary, Maharashtra Bhuvikas Mahamandal Karmachari. ... Respondent. WITH CIVIL APPLICATION NO. 322 OF 2016 IN WRIT PETITION NO. 5684 OF 2011 The State of Maharashtra and Ors.

... Applicant.

(Orig. Respondent) V/s.

The General Secretary, Maharashtra Bhuvikas Mahamandal Karmachari Sanghatana.

... Respondent.

(Orig.Petitioners) Mr. A.P. Vanarase for the Applicant in CAW 321/16. Ms. M.S. Bane, 'B' Panel AGP for the Orig. Petitioner and Applicant in CAW 322/16.

CAW 321.16.sxw CORAM : N.M. JAMDAR, J.

DATE : 15 FEBRUARY, 2016.

P.C. :- Civil Application No. 321 of 2016 is filed for vacating ad-interim relief granted in the Petition on 5 July 2011. 2.

I have heard the learned Counsel for the Applicant. On 25 July 2011 the order that was passed was not ad-interim relief but interim relief after hearing all the parties. The direction which is sought is in the nature of a final relief and the same cannot be considered at the interim stage. The request is made to expedite the hearing of the Writ Petition. The Petition is of the year 2011. There are Petitions of the year 1999 pending on board for final hearing with equally urgent causes. This prayer also therefore cannot be entertained at present.

3.

Civil Application No. 321 of 2016 is rejected. 4.

Civil Application No. 322 of 2016 filed by the State with a prayer of expedited hearing cannot be considered at present for the reasons stated above. This Civil Application is also rejected.

(N.M. JAMDAR, J.)