Maharashtra State Road Transport Corporation Through Its Divisional Controller v. Suresh Ganpatrao Bothikar And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 913 WRIT PETITION NO. 3560 OF 2020 WITH 917 WRIT PETITION NO. 3571 OF 2020 WITH 922 WRIT PETITION NO. 3584 OF 2020 AND 924 WRIT PETITION NO. 3597 OF 2020 MAHARASHTRA STATE ROAD TRANSPORT CORPORATION THROUGH ITS DIVISIONAL CONTROLLER

VERSUS

UMAKANT GANPATRAO BOTHIKAR AND OTHERS ...

Advocate for the Petitioner : Shri A. D. Wange ...

CORAM : RAVINDRA V. GHUGE, J.

DATED : 4th MARCH, 2020 ...

PER COURT :

1.

The Petitioner / MSRTC is aggrieved by the impugned order dated 14/11/2019, passed by the Trial Court, by which, Rent Appeal Nos. 2, 3, 4 and 5 of 2015 are held to be untenable before the Court at Latur and were held to be tenable before the competent Court at Udgir, District Latur.

2.

Grievance is that, with such a conclusion drawn, the learned Court should have transferred the matters to the appropriate Court at Udgir keeping in view that

913-wp-3560-20 with wps.odt the Rent Appeals were preferred on 29/07/2015. 3.

Taking into account the above fact situation, these petitions are disposed of with liberty to the Petitioner to approach the learned Adhoc District Judge-1, Latur in disposed of Rent Appeal Nos. 2, 3, 4 and 5 of 2015 by fling applications for recalling the order of dismissing the Appeals and instead, consider transferring the said proceedings to the competent Court at Udgir.

4.

Needless to state, if such applications are fled by the Petitioner, the learned Adhoc District Judge- 1 Latur, would hear all the parties and then pass appropriate orders.

(RAVINDRA V. GHUGE, J.) shp/-