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Bombay High CourtWP/2534/2015transfer to other court

Vinayak Uttamrao Banchod v. Maharashtra Public Service Commission, Mumbai

2016-06-10Hon'Ble Shri Justice Sangitrao S. Patil,Hon'Ble Shri Justice S.S. Shinde3 pages

IN T HE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2534 OF 2015 (Vinayak Uttamrao Banchod Vs. Maharashtra Public Service Commission, Mumbai) ---- Mr. Santosh S. Jadhavar, Advocate for the Petitioner Mr. V.H. Dighe, A.G.P. for respondents No. 2 and 3 None for respondent No. 1 ---- CORAM :

S.S. SHINDE AND SANGITRAO S. PATIL, JJ.

DATE : 10th JUNE, 2016 PER COURT :

1.

Heard.

2.

Learned A.G.P., appearing for respondents No. 2 and 3, submits that the petitioner ought to have filed original application before the Maharashtra Administrative Tribunal. The learned counsel appearing for the petitioner submits that when this writ petition was filed, the Division Bench of the Maharashtra Administrative Tribunal was not available.

.

The learned A.G.P. submits that even the Single Member of the Maharashtra Administrative Tribunal can pass the appropriate orders. He further submits that

the Division Bench of the Maharashtra Administrative Tribunal is likely to be available in near future. 3.

Keeping in view the submissions of the learned A.G.P., we pass the following order :

.

This petition be transferred to the Maharashtra Administrative Tribunal at Aurangabad. The Registry of this Court to take immediate steps for transfer of this petition to the Maharashtra Administrative Tribunal. On receipt of the petition alongwith the documents/ annexures thereto by the Maharashtra Administrative Tribunal, Aurangabad, its Registry shall take immediate steps for conversion of the petition into Original Application. The petitioner to appear before the Maharashtra Administrative Tribunal on 27th July, 2016. The learned counsel for the petitioner also assures this Court that the petitioner would take appropriate steps so as to complete the required formalities for conversion of this petition into Original Application before the Maharashtra Administrative Tribunal. 4.

The ad-interim relief granted by this Court vide order dated 20th April, 2015 to continue till the

Maharashtra Administrative Tribunal takes up the Original Application, upon conversion and registration thereof, for hearing.

5.

The parties to act on authenticated copy of this order.

[SANGITRAO S. PATIL] [S.S. SHINDE] JUDGE JUDGE npj/wp2534-2015