Satish Bappasaheb Kale v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2315 OF 2016 Satish Bappasaheb Kale ..PETITIONER

VERSUS

The State of Maharashtra and Others ..RESPONDENTS ....

Mr. S.D. Kotkar, Advocate for petitioner.

Mr. V.G. Shelke, AGP for Respondent Nos. 1 to 3. ....

CORAM : RAVINDRA V. GHUGE, J.

DATED : 2nd MARCH, 2016 ORAL ORDER :

1.

The petitioner is aggrieved by an interlocutory order dated 14.10.2015 passed by the Hon'ble Minister for Textile, Cooperation and Marketing. 2.

Mr.Kotkar, learned Counsel for the petitioner strenuously submits that the petitioner who was Respondent No.4 before the Hon'ble Minister has submitted the written notes of arguments and had, in fact, addressed the Hon'ble Minister on the main appeal which was filed by Respondent No.5. The petitioner therefore 1 / 3

expected the judgment from the Hon'ble Minister on the main appeal. Instead of doing so, after a passage of time, the Hon'ble Minister has passed an interim order which is impugned in this petition.

3.

The learned AGP appearing on behalf of Respondent Nos.1, 2 and 3 submits that this petition need not be entertained as it seeks to challenge an interlocutory order. Appeal No. 40/2015 is still pending. The same could be decided within a period of three months. He therefore prays for the dismissal of this petition. 4.

I have considered the submissions of the learned Counsels. The appeal is still pending before the Hon'ble Minister. In stead of entertaining this petition on an interlocutory order, ends of justice would be met if the Hon'ble Minister could decide the said appeal within a period of three months from today. 5.

In the light of the above, I am disposing off this petition without issuing notices to Respondent Nos.4 and 5 considering the 2 / 3

fact that the impugned interlocutory order dated 14.10.2015 is not being interfered with.

6.

This petition is therefore disposed off with a request to the Hon'ble Minister to decide Appeal No. 40/2015 as expeditiously as possible and preferably on or before 30.06.2016. For the convenience of the parties, they shall appear before the Hon'ble Minister on 28.03.2016. The learned AGP shall convey this order to the Hon'ble Minister so as to issue notice to the appellant in the pending appeal, who is Respondent No.5 in this matter. 7.

Needless to state, the Hon'ble Minister shall hear all the litigating sides who are involved in the pending appeal and decide the same on its own merits without being influenced by any observations made by the Hon'ble Minister in the impugned interim order.

(RAVINDRA V. GHUGE, J.) 3 / 3