Chandrakala Ashok Hinge And Another v. The State Of Maharashtra Through Its Secretary And Another

902-wp-6642-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 902 WRIT PETITION NO.6642 OF 2024 CHANDRAKALA ASHOK HINGE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER ...

Mr. S. V. Deshmukh, Advocate for the Petitioners. Mrs. P. R. Bharaswadkar, AGP for Respondent Nos.1 and 2/State. ...

CORAM : SMT. VIBHA KANKANWADI & S. G. CHAPALGAONKAR, JJ.

DATE : 15th OCTOBER 2024 ORDER :

.

When the matter was on board on 07.10.2024, learned AGP has raised two objections. One was regarding territorial jurisdiction and another was in respect of alternate remedy. Learned Advocate for the petitioners sought accommodation to address this Court on the point. Today, he submits that since the application was made at the Headquarters at Amravati and the impugned communication dated 17.02.2018 is by respondent No.2, who is stationed at Amravati, the jurisdiction would lie before the Bench at Nagpur and, therefore, he seeks transfer of the petition.

[1]

902-wp-6642-2024.odt 2.

In view of the decision of this Court in Sachin Chhotu Pawar Vs. The Collector Raigad and others, [Writ Petition No.3719 of 2019 with companion matter decided on 15.05.2020], the territorial jurisdiction in the present matter would be also before the Bench of this Court at Nagpur and, therefore, learned Registrar (Judicial) to take steps for transfer of the present petition to the said Bench.

3.

Learned AGP submits that since she raised point of alternate remedy, the petitioner should go before the Maharashtra Administrative Tribunal, Nagpur Bench.

4.

At this stage, by keeping the said point open, we are transferring the case.

[ S. G. CHAPALGAONKAR ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE scm [2]