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Bombay High CourtWP/2428/2016

Jyotika Aswani v. The State Of Maharashtra And ANR

2017-04-20Hon'Ble Shri Justice C.V. Bhadang,Hon'Ble Shri Justice V.M. Kanade3 pages

BDPPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2428 OF 2016 Jyotika Aswani ..... Petitioner.

V/s The State of Maharashtra and Anr.

...... Respondents.

---- Ms. Jyotika Aswani, Petitioner in person, present. Mr. G.R. Shastri, Additional Government Pleader for Respondent Nos. 1 and 2.

---- CORAM: V. M. KANADE & C.V. BHADANG, JJ.

DATE: 20th April, 2017 P.C.:- 1] By this Petition which is filed under Article 226 of the Constitution of India, Petitioner who is appearing in person is seeking the following reliefs:- "a. The aid Rules to be issued, b. that this Hon'ble court may please Issue direction to Respondents to execute the Orders of Lok Ayukt.

c.

that this Hon'ble Court may be please to issue Writ of mandamus or Writ of the nature of mandamus or any other appropriate writ, 1/3

order or direction, directing the Respondent Nos. 1 and 2 for providing the above said document before the Court/on priority at earliest, in compliance of the order dt. 11.08.2016 passed by Lok Ayukt, within such time as may be directed by this Hon'ble Court. d.

for cost of and incidental to the present Petition; and further and other relief, as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case be granted to the Petitioner in the interest of justice. e. cost of this Writ Petition be provided for." 2] Perusal of the Order of Lokayukta discloses that he has merely forwarded her application to the Revenue & Forest Department, Government of Maharasthra. Ms. Shastri, the learned AGP appearing on behalf of the State submitted that by letter dated 20/3/2017, information which was asked for by the Petitioner has been forwarded to her.

3] Petitioner who is appearing in person submitted that in a few cases, she has noticed that the orders passed by the Officers who are higher in rank have been reviewed by the Government Servants who 2/3

are subordinate to them. In our view, if that is the position then the remedy available to the Petitioner is to challenge such order before the appropriate forum. We are, therefore, not inclined to pass any further orders in the Petition. Petition is dismissed. (C.V. BHADANG, J. ) (V.M. KANADE, J.) 3/3