Sushil V Jawale v. The State Of Maharashtra And 3 ORS.

17.IA 398-21 IN WPST 3779-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 398 OF 2021 IN WRIT PETITION (ST) NO. 3779 OF 2021 Sunil V. Jawale ..... Petitioner Vs.

The State of Maharashtra & Ors.

..... Respondents Ms. Seema Chopda with Mr. T. R. Yadav, Advocate for Applicant/Petitioner.

Mr. S. R. Shastri, A. G. P./respondent no. 1. Mr. Yashodeep Deshmukh with Ms. Pawar, Advocate for respondent Nos. 2 to 4.

CORAM:

K.K.TATED & RIYAZ I. CHAGLA, JJ.

DATED :

FEBRUARY 26, 2021 P.C.

1.

Heard learned counsel for parties.

2.

By this petition, under Article 226 of the Constitution of India, petitioner is challenging the transfer orders dated 20th March 2020, 20th August 2020 and 17th December 2020.

3.

Learned counsel for petitioner submits that pursuant to the said transfer orders, petitioner has already joined Pune, at transferred place. Presently, his request is that the Nikita Gadgil 1/2

17.IA 398-21 IN WPST 3779-21.odt respondents be restrained from taking any coercive action against the petitioner for not vacating the fat allotted to him in the course of his transfer at Mumbai. He submits that the petitioner's parents are residing at the said fat as they are not keeping well and because of COVID-19 situation, it is diffcult for him to shift his parents from Mumbai to Pune. 3.

Learned counsel for respondent submits that he required some time to fle affdavit-in-reply.

4.

In view of this fact, the following order is passed:-

ORDER

1.

Liberty granted to the respondents to fle affdavit-in-reply on or before 8th March 2012, with a copy to other side.

2.

Rejoinder, if any, be fled on or before 15th March 2021, with copy to other side.

5.

Matter to appear on board on 23rd March 2021 6.

Till next date, respondents are restrained from taking any coercive action against the petitioner's family occupying the service quarters at Mumbai.

7.

Petitioner to remove all offce objection on or before 18th March 2021, failing which the writ petition shall stands dismissed.

8.

No order to costs.

(RIYAZ I. CHAGLA, J.) (K.K.TATED, J.) Nikita Gadgil 2/2