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Bombay High CourtWP/9061/2016disposed offdismissed for default

Chandansing Bharatsing Taji v. The State Of Maharashtra And Others

2018-01-25Hon'Ble Shri Justice S.S. Shinde,Hon'Ble Shri Justice S. M. Gavhane2 pages

( 1 ) wp906.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9061 OF 2016 CHANDANSING BHARATSING TAJI

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr.S.N.Rodge, Advocate h/f Mr.A.R.Shinde, Advocate for the petitioner Mr.S.Y. Mahajan, AGP for the respondent/State CORAM : S.S. SHINDE & S.M.GAVHANE, JJ.

DATED :

25.01.2018 P.C. :- 1.

Heard learned counsel appearing for the petitioner and learned AGP appearing for the State. 2.

Learned counsel appearing for the petitioner submits that for redressal of grievance which has been raised in this petition, the petitioner has approached the respondent Nos.3 and 4 by way of filing application. Since the year 2015 neither respondent Nos. 3 and 4 have considered the applications filed by the petitioner nor replied the legal notice issued by the Advocate. In our opinion unless there is adjudication of the grievance raised by the petitioner in the said application addressed to respondent Nos.3 and 4, entertaining this writ petition directly, would amount to an adjudication

( 2 ) wp906.16 of disputed question of fact. Such exercise is not desirable while exercising the writ jurisdiction. 3.

Be that as it may, we direct respondent Nos.3 and 4 to consider the representation / application /notice given by the petitioner from time to time and take decision on the same, on its own merits as expeditiously as possible, however, within three months from today. Needless to observe that in case, respondent Nos.3 and 4 are of the opinion that before taking the decision, it is necessary to hear the petitioner, authority can issue notice to the petitioner, and may call the petitioner for hearing. We have not expressed any opinion on merits of the contentions raised either in the petition or the representation /application/notice issued to the respondent Nos.3 and 4.

3.

With the above observations, the writ petition stands disposed of.

4.

List for compliance of above said directions under caption 'for compliance' on 23.04.2018. 5.

Parties to act upon authenticated copy of this order.

[S.M.GAVHANE,J.] [S.S. SHINDE,J.] VishalK/wp906.16