Ms Sunil Farm Engineering Company Through Its Partner Dhananjay Kisanrao Nade v. Municipal Council Tuljapur Through Its Chief Officer

2024:BHC-AUG:19278-DB 923-WP-8917-2024.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8917 OF 2024 MS SUNIL FARM ENGINEERING COMPANY THROUGH ITS PARTNER DHANANJAY KISANRAO NADE

VERSUS

MUNICIPAL COUNCIL TULJAPUR THROUGH ITS CHIEF OFFICER ....

Mr. P. M. Nagargoje, Advocate for the Petitioner ....

CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 21.08.2024 PER COURT :- 1.

It is beyond debate that a Writ of Mandamus would not be issued by this Court to a judicial officer. The Petitioner prays for a Writ of Mandamus to direct the learned Principal District Judge, Dharashiv (Osmanabad), to decide a proceeding registered as Miscellaneous Civil Application (R.J.E.) No.49 of 2022.

2.

All litigants are in queue. We cannot issue a Writ of Mandamus to jump the queue and overtake the other litigants for

(( 2 )) 923-WP-8917-2024 an out of turn hearing of the matter. This Writ Petition is, therefore, disposed off with an observation that if any Miscellaneous Civil Application, filed prior to Miscellaneous Civil Application (R.J.E.) No.49 of 2022, is not pending, the learned Judge may hear this pending application. In short, we are not directing a hearing out of turn.

[ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ] SMS