Nanda Nagnath Chavan v. The State Of Maharashtra Through Its Secretarey And Others

17wp6580.2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6580 OF 2023 NANDA NAGNATH CHAVAN

VERSUS

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

Advocate for Petitioners : Mr. Yeramwar Sushant C. AGP for Respondent Nos. 1 & 2 : Mrs. M.A. Deshpande Advocate for Respondent No. 3 : Mr. S.R. Yadav-Lonikar Advocate for Respondent No. 4 : Mr. Pulkundwar Santosh Baburao CORAM : MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATED : 26 JUNE 2023 PER COURT :

1.

The petitioner is aggrieved by two things. Firstly, in spite of directions of this Court in Writ Petition No. 629 of 2023 dated 13 September 2019, the respondent No. 2 - Scrutiny Committee has not been deciding his tribe claim. Secondly, his request for a convenient transfer has been turned down by the respondent No. 4 - Chief Executive Officer, Zilla Parishad, Hingoli, by the impugned communication.

2.

As far as the first prayer is concerned, this Court will not issue repeated directions in the same matter. The petitioner may resort 1/2

17wp6580.2023 to the appropriate remedy. As far as the second prayer regarding transfer on the ground of couple convenience, his request has been turned down by the Chief Executive Officer, Zilla Parishad, and the order is susceptible to a further challenge before the Divisional Commissioner, in view of the Government Resolution dated 29 September 2011.

3.

Writ Petition is disposed of keeping open the appropriate remedy to the petitioner as are available in law. ( SHAILESH P. BRAHME, J. ) ( MANGESH S. PATIL, J. ) SPChauhan 2/2