Bashir Sardar Shaikh v. The State Of Maharashtra Through The Principal Secretary And Others

2025:BHC-AUG:8448-DB 946-WP-4553-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4553 OF 2024 Bashir Sardar Shaikh

VERSUS

The State Of Maharashtra Through The Principal Secretary And Others *** • Mr. D. S. Patil h/f Mr. M. S. Deshmukh, Advocate for the Petitioner • Mr. B. A. Shinde, AGP for the Respondent Nos. 1 to 3/State • Mr. S. P. Telgote, Advocate for the Respondent Nos. 4 • Mr. G. B. Patnunkar, Advocate for Respondent No. 5 *** CORAM : R. M. JOSHI, J DATE : MARCH 20, 2025 PER COURT :

1.

During the course of hearing, it is revealed that this Petition came to be filed only for the reason that at the time of filing of the Petition the Minister before whom the Appeal came to be filed was not available and could not have passed any order owing to the application of code of conduct.

2.

Learned Counsel for the Petitioner, on instructions, makes statement that now the Minister would be available for hearing of the Appeal. He, therefore, seeks withdrawal of the Petition with Umesh

946-WP-4553-2024.odt continuation of the interim relief for a period of four weeks from today.

3.

Perusal of the record indicates that only for non-availability of the Minister at the relevant time, Petition came to be filed and entertained by this Court for passing interim relief. Now, there is no embargo for the Minister to take up hearing of the Appeal. 4.

Learned AGP informs this Court that Session is going on and as such, only after three weeks Minister can take up the Appeal for hearing.

5.

In view of above, Petition stands disposed of. Interim relief to continue for the period of four weeks from today. Minister to decide the Appeal in accordance with law as expeditiously as possible.

(R. M. JOSHI, J.) Umesh