Samiksha Ramakant Chandrakar And Another v. The State Of Maharashtra And Others
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 2612 OF 2021 Smt. Samiksha D/o Ramakant Chandrakar and another ... Petitioners.
Versus
The State of Maharashtra and others ... Respondents.
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Mr. Ajay S. Deshpande, Advocate for the Petitioners. Mr. Ram Apte, Senior Advocate / Special Counsel for Respondent Nos. 1 to 4 / State.
Mr. Mr. R.N. Dhorde, Senior Advocate h/f Mr. V.R. Dhorde, Advocate for Respondent No.5.
Mr. Ujjwal Patil with Mr. Gaikwad and Mr. Bhalchandra Shinde, Advocates for Respondent Nos. 6 yo 10.
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CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.
DATE : 17th MARCH, 2021 PER COURT:- 1.
Mr. Apte, learned Senior Counsel for the respondent/State submits that this Court on 10.02.2021, entertained the petition on the ground that the Maharashtra Administrative Tribunal at Aurangabad is not functioning. The learned Senior Counsel refers to the Circular issued by the Tribunal dated 10.03.2021 suggesting that the urgent matters from Aurangabad would be taken for hearing, if required by Video Conferencing. In light of that, the matter be transferred to the Tribunal.
2.
Mr. Deshpande, learned Counsel for the petitioners submits that though the Circular dated 10.03.2021 suggests hearing of the matter by Video Conferencing, the matters from Aurangabad are not taken up\ for hearing by the Tribunal. The learned Senior Counsel, to substantiate his statement relies on the order dated 12.03.2021 passed by the Tribunal in one of the matters from Aurangabad. 3.
There cannot be any dispute with the proposition that the present matter is within the realm of the Maharashtra Administrative Tribunal. While passing the order on 10.02.2021, we have specifically recorded the statement of the learned counsel that the Maharashtra Administrative Tribunal, Aurangabad is not functioning. 4.
As it is suggested on behalf of the respondent that the Maharashtra Administrative Tribunal would hear the matters from Aurangabad also may be through Video Conferencing, we find it appropriate to relegate the parties before the Maharashtra Administrative Tribunal at Aurangabad.
5.
The matter is transferred to the Maharashtra Administrative Tribunal, Aurangabad Bech. The Registry shall take steps to transfer the said matter, immediately.
6.
We continue the interim order passed by this Court on 10.02.2021 for a period of three (03) weeks from today so as to enable the petitioner and respondents to put-forth their case before the Tribunal.
7.
Needless to state, on lapse of three (03) weeks, interim protection granted by this Court shall come to an end. ( SHRIKANT D. KULKARNI ) ( S.V. GANGAPURWALA ) JUDGE JUDGE S.P. Rane