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Bombay High CourtWP/5770/2015disposed offdismissed for default

Suresh Bandu Sananse v. State Of Maharashtra And Others

2016-04-21Hon'Ble Shri Justice A.V. Nirgude,Hon'Ble Shri Justice V.L. Achliya3 pages

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.5770 OF 2015 WITH WRIT PETITION NO.5574 OF 2015 Suresh Bandu Sananse ..

Petitioner

Versus

The State of Maharashtra and others ..

Respondents Mr.R.R.Mantri, Advocate h/f R.R.Sancheti, Advocate for the petitioner Mr.P.S.Patil, Addl. G.P., for the respondent/ State CORAM : A.V.NIRGUDE & V.L. ACHLIYA, JJ.

DATED :

21.04.2016 P.C. :- 1.

Both these petitions can be disposed of by following order.

2.

The petitioner sought following directions in petition No.5770 of 2015.

Prayer Clause (B):- Issue a writ of mandamus or any other appropriate writ/order and direct the respondents to hold enquiry into the allegations made in complaint dated 05.03.2015 &

( 2 ) 09.04.2015-Annexures-D Colly, through the High Ranking Officer of the level of Secretary or by a committee of Retired Judge to be appointed by this Hon'ble Court and to take appropriate urgent action on the same.

Prayer Clause (C):- Issue writ of mandamus or any other order or direction directing respondent authorities not to call the petitioner and formal parties, with or without record, to its office, nor keep them waiting for whole day, nor to call them on public holidays and Sundays.

3.

As far as prayer Clause (B) is concerned the State of Maharashtra has clarified in the recent letter dated 28.01.2016 that the complaints made by the petitioner are referred to the Divisional Commissioner with a direction to look into the complaints and decide further action. In view of this the prayer clause (B) is already satisfied. The relief in terms of prayer clause (C) is also achievable easily, if we direct the authorities to centralize the entire process of counter complaints etc. So that, the petitioner or for that matter any other persons would not be harassed as described by the petitioner in the petition. We hope that

( 3 ) the authorities would treat the petitioner and others fairly and take decision within four months from today. 4.

Both these petitions stand disposed of accordingly.

5.

In view of disposal of writ petition No.5770 of 2015 the Civil Application No.10804 of 2015 does not survive and disposed of.

6.

The parties shall act upon authenticated copy of this order.

[V.L. ACHLIYA,J.] [A.V.NIRGUDE,J.] / VishalK wp5770.15 & 5574.15