Bombay High CourtWP/4689/2016disposed offdismissed for default

Sham Suresh Fulgaonkar v. The State Of Maharashtra And Others

2016-07-04Hon'Ble Shri Justice P.R. Bora2 pages

4 wp.4689.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION WRIT PETITION NO. 4689 OF 2016 SHAM SURESH FULGAONKAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Satyajit S. Bora. AGP for Respondent Nos.1 to 3 : Mr. P. G. Borade. Advocate for Respondent No.4 : Mr. S. D. Joshi. ...

CORAM :

P. R. BORA, J.

DATE :

04th July, 2016.

ORDER:

When the present petition is taken up for hearing, the learned counsel appearing for the Petitioner submitted that in the similar circumstances, this Court while deciding Writ Petition No.4440 of 2016 and 5001 of 2016 has relegated the Petitioners therein to the Sub-Divisional Officer for ventilating their grievance before the said authority and directing the said authority to consider the grievance of the said Petitioners.

The learned counsel for the Respondents do not dispute this position. The leaned counsel, however, submitted that instead of asking the parties to go before the Sub-Divisional Officer, it would be more appropriate if the Petitioner is directed to approach the

4 wp.4689.16.odt Maharashtra Administrative Tribunal.

In view of the fact that in the similar circumstances this Court has already taken certain view in the earlier petitions, I do no see any reason to deviate from the same. In the circumstances, the following order -

O R D E R

This petition is disposed of with liberty to the Petitioner to approach Respondent No.3. In the event, the Petitioner approaches respondent No.3 with his grievance with regard to the selection process within 2 weeks from today, the learned SDO shall then decide the complaint of the Petitioner on its own merits and after hearing all the sides within a period of 8 weeks from the date of lodging the complaint. Until the decision of the SDO (Respondent No.3) on the complaint of the Petitioner, respondent Nos. 1, 2 and 3 shall not proceed to issue any appointment order to any candidate for the post of Police Patil with regard to village Rajure Tal. Muktainagar, Dist. Jalgaon.

[ P. R. BORA, J. ] ndm