Pushpa Kishor Jagli v. Grievances Redressal Committee, Mumbai City And 4 ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1590 OF 2019 Pushpa K. Jagli ..... Petitioner

VERSUS

Grievance Redressal Committee, Mumbai & Ors.

..... Respondents Mr.Manmohan Dudhane, a/w. Mr.Arunkumar Kamer, i/b. Mr.Arunkumar & Associates for the Petitioner. Mr.Kedar Dighe, A.G.P. for the State - Respondent nos. 2, 4 and 5. Mr.Girish Utangale, a/w. Mr.Chetan Mhatre, i/b. M/s.Utangale & Co. for the Respondent no.3.

CORAM :

R.D. DHANUKA, J.

DATE :

26th JULY, 2019 P.C.

Mr.Dighe, learned counsel for the respondent no.1 states on instruction that the concerned authority in this matter is the respondent no.3 and not the respondent no.1.

2.

Mr.Utangale, learned counsel appearing for the respondent no.3 states that the respondent no.3 has no objection if the petitioner applies in the prescribed form invoking the Government resolution dated 16th May, 2015 annexed at Ex.D to the petition and complies with the requisitions made therein with supporting proof. He further states that if any such application is made, the same would be considered by the respondent no.3 on its own merits. Statement is accepted.

2/3 3.

Learned counsel appearing for the petitioner states that his client would file application in the prescribed form by invoking the Government resolution dated 16th May,2015 within four weeks from today along with all supporting documents. Statement is accepted. 4.

It is made clear that if application is not made within four weeks from today, the order passed by this court to stand vacated without reference to court.

5.

If any such application is made within the time prescribed, the respondent no.3 to consider the said application in accordance with law without being influenced by the observations made and the conclusion drawn in the order dated 6th November, 2017 and other two orders were upheld in the order dated 6th November, 2017 and the conclusion drawn therein.

6.

If any such application is made before the respondent no.3, the respondent no.3 to make an endevour to dispose of such application within four months from the date of the first hearing. 7.

The petitioner shall not apply for any unnecessary adjournment before the respondent no.3.

8.

In view of the statement made by the learned counsel appearing for the respondent no.3 that the petitioner can make an application by invoking Government resolution dated 16th May, 2015, impugned order

3/3 dated 6th November, 2017 and order dated 25th April, 2017 passed by the respondent no.2 and order dated 21st January, 2016 passed by the respondent no.3 are quashed and set aside.

9.

It is made clear that this court has not expressed any views on the merits of the matter. All contentions of both parties are kept open. 10.

The order passed by the respondent no.3 shall be conveyed to the petitioner within one week from the date of passing such order. 11.

Writ petition is disposed of in the aforesaid terms. no order as to costs.

12.

The parties to act on the authenticated copy of this order. [R.D. DHANUKA, J.]