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Bombay High CourtWP/6871/2022disposed off

Ambadas Sukhdev Ghalgir And Others v. The State Of Maharashtra Through The Upper Secretary And Others

2022-07-12Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Anil L. Pansare2 pages

6871.22wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1107 WRIT PETITION NO.6871 OF 2022 AMBADAS SUKHDEV GHALGIR AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA, THROUGH THE UPPER SECRETARY AND OTHERS ....

Mr M. K. Bhosale, Advocate for petitioners;

Mr S. K. Tambe, A.G.P. for respondent/State Mr S. B. Ghute, Advocate for respondent Nos.2 & 3 CORAM : RAVINDRA V. GHUGE AND ANIL L. PANSARE, JJ.

DATE : 12th July, 2022 PER COURT:

1.

In this petition, the petitioners have approached this Court with prayer clause (A), which reads as under :- "A) By issuing appropriate writ, order or directions in the nature of writ, this Hon'ble court may be pleased to quash and set aside the impugned communication dated 25.03.2022 issued by the respondent No.1 and modify the condition of benefit of order dated 21.04.2022 only the 47 petitioners to the present petitioners in the communication dated 27.06.2022 issued by the respondent No.3."

2.

We are astonished that, the petitioners seeking issuance of a Writ of Mandamus, are before this Court without even

6871.22wp (2) approaching the Zilla Parishad and without even tendering any representation or appeal to it. The learned Advocate for the petitioners now submits that, liberty be granted to file a representation. The Writ of Mandamus is not to be exercised or utilized for permitting a party to file a representation. The very purpose of the Writ of Mandamus would be rendered redundant, if such petitions are entertained.

3.

The learned Advocate for the petitioners submits that the petitioners would file their representation to the Zilla Parishad for seeking intra-district transfers.

4.

In view of the above, this petition is disposed off. 5.

Since there is no representation made to the Zilla Parishad as on date, we have no reason to express any opinion about such a representation.

(ANIL L. PANSARE, J.) (RAVINDRA V. GHUGE, J.) sjk