Beldar Shaikh Faheem Shaikh Ismail v. The State Of Maharashtra And Others

924-wp-6457-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 WRIT PETITION NO.6457 OF 2020 BELDAR SHAIKH FAHEEM SHAIKH ISMAIL

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Saud N Deshmukh AGP for Respondent Nos.1 & 8 : Mr. S.B. Yawalkar Advocate for Respondent No.4 : Mr. M.S. Sonawane Advocate for Respondent Nos.5 & 6 : Mr. A.G. Talhar, ASGI Advocate for Respondent Nos.2 & 3 : Mr. V.H. Pawar h/f Mr. S.S. Tope ...

CORAM : RAVINDRA V. GHUGE & S.G. MEHARE, J.J.

DATED : 23rd SEPTEMBER, 2021 PER COURT:- 1.

Leave to add the Divisional Commissioner, Aurangabad Division, Aurangabad as respondent no.8. Addition be carried out forthwith. Issue notice to the added respondent. The learned AGP waives service of notice on behalf of the added respondent. 2.

This petition is fled by the petitioner upon being aggrieved by the non-consideration of his application for transfer. This petition was fled on 31.08.2020. His request application before the Divisional Commissioner, Aurangabad is dated 19.08.2020. As such, within 11 days, the petitioner was before this Court without even waiting for the Commissioner to commence the proceedings. We, therefore, would not entertain this petition.

3.

The learned advocate for the petitioner submits that he would pursue his pending representation and this petition can be 1/2

924-wp-6457-2020.odt disposed of.

4.

As such, this petition is disposed of. We expect the Divisional Commissioner, Aurangabad to issue notices to the parties and after following the due process of law and upon hearing the petitioner, he can pass an order, preferably on or before 30.11.2021. 5.

The litigating parties shall appear before the Divisional Commissioner, Aurangabad on 01.10.2021 at 03.00 pm. Formal notice need not be issued.

(S.G. MEHARE. J.) (RAVINDRA V. GHUGE, J.) Mujaheed// 2/2