Hanumant Bhaguji Bhongale v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1722 OF 2018 Shri Hanumant s/o Bhaguji Bhongale ...PETITIONER

VERSUS

The State of Maharashtra and another.

...RESPONDENTS ...

Mr.Sandeep B. Gorde Patil Advocate for Petitioner.

Mr.K.N. Lokhande, A.G.P. for Respondent Nos.1 to 3.

...

CORAM: S.S. SHINDE AND K.K. SONAWANE, JJ.

DATE : 30TH NOVEMBER, 2018 ORDER :

1.

Heard learned counsel appearing for the Petitioner and learned A.G.P. appearing for the State.

2.

In our opinion, there is alternate

efficacious remedy for redressal of the grievances of the Petitioner. In that view of the matter, we decline to entertain the Petition on merits. However, in case the Petitioner is advised, the Petitioner may approach the Maharashtra Administrative Tribunal by way of filing Original Application. In case such Original Application is filed, we request the Maharashtra Administrative Tribunal to decide the same as expeditiously as possible, however within eight weeks from filing such Original Application.

3.

We make it clear that we have not entered into the merits of the contentions raised in the Petition by the Petitioner or the contentions raised by the Respondents.

4.

The Respondents have not brought on record anything to suggest that the Judgment and Order of the Maharashtra Administrative Tribunal

passed in Original Application No.518 of 2015 (Hanumant s/o Bhaguji Bhongale vs. the State of Maharashtra and others), dated 3rd August, 2016, was challenged by the Respondents before the High Court and therefore it appears that the said Judgment and Order has attained finality.

5.

Ad-interim orders granted on 2nd July, 2018 and 23rd July, 2018, shall continue till the final decision is taken by the Maharashtra Administrative Tribunal, or three months from today, whichever occurs earlier.

6.

With the above observations and directions, the Writ Petition stands disposed of. .

Parties to act upon authenticated copy of this order.

[K.K. SONAWANE, J.] [S.S. SHINDE, J.] asb/NOV18