Sarjerao Harishchandra Pawar v. The State Of Maharashtra Through Its Secretary And Others

23 WP.549.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

23 WRIT PETITION NO.549 OF 2023 SARJERAO HARISHCHANDRA PAWAR

VERSUS

THE STATE OF MAHARASHTRA, THROUGH ITS SECRETARY AND OTHERS ...

Advocate for Petitioners : Mr. Sanjay D. Kotkar. AGP for Respondent/State : Mr. V. M. Kagne.

...

CORAM :

RAVINDRA V. GHUGE & SANJAY A. DESHMUKH, JJ.

DATE :

23rd January, 2023.

Per Court:

1.

The petitioner has preferred a representation dated 20th December, 2022 praying for intra-district transfer. 2.

This petition is filed on the 15th day of tendering of the representation, on 5th January, 2023. The Writ of Mandamus is not to be exercised in matters when it is not established before the Court that the competent authority duly vested by law, has declined to exercise the jurisdiction vested in it by law.

3.

This petition is, therefore, disposed off.

4.

Nevertheless, we would only expect the competent authority to consider the representation in accordance with the procedure laid down in law.

[ SANJAY A. DESHMUKH, J. ] [ RAVINDRA V. GHUGE, J. ] nga