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Bombay High CourtWP/1524/2019disposed offdismissed for default

Manjuba Baban Thombre And Others v. The State Of Maharashtra And Others

2019-03-19Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice Nitin W. Sambre3 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1524 OF 2019 1.

Manjuba s/o Baban Thombre, Age: 55 years, Occu: Service as Civil Engineering Assistant, R/o Premdan, D-10, HUDCO, Ahmednagar 2.

Tarachand s/o Baburao Rajale, Age: 57 years, Occu: Service as Civil Engineering Assistant, R/o Kesar Pimpalgaon, Tq. Pathardi, Dist. Ahmednagar Arun s/o Ramchandra Vyavahare, Age: 61 years, Occu: Pensioner, R/o C/o Amol General Stores, Mukindpur, Newasa Phata, Tq. Newasa, Dist. Ahmednagar Subhash s/o Genu Wakchaure, Age: 59 years, Occu: Pensioner, R/o. Narendra Nagar, Bhenda (Bk.) Gautam s/o Bajirao Shinde, Age: 59 years, Occu: Pensioner, R/o. Irrigation Colony, Ghulewadi, Tq. Sangamner, Dist. Ahmednagar ..PETITIONERS

VERSUS

1.

The State of Maharashtra, Through the Secretary to the Government of Maharashtra in Water Resources Department, Mantralaya, Fort, Mumbai - 32 2.

The Superintending Engineer & Director, Irrigation Research & Development Directorate, Pune

(2) The Divisional Commissioner (Surplus Cell), Nashik Division, Nashik The Executive Engineer, Mula Irrigation Division, Ahmednagar The Superintending Engineer and Administrator, Command Area Development Authority, Nashik 6.

The Superintending Engineer & Administrator, Command Area Development Authority, Ahmednagar ..RESPONDENTS Mr R. K. Temkar, Advocate for petitioners;

Ms R. P. Gour, A.G.P. for respondents CORAM : PRASANNA B. VARALE AND NITIN W. SAMBRE, JJ.

DATE : 19th March, 2019 ORAL ORDER:

Heard learned Counsel appearing on behalf of the petitioners. 2.

A limited grievance is raised in the petition is, in spite of an order passed by the Administrative Tribunal and the judgment of the Division Bench delivered at Nagpur Bench of this Court and in spite of a representation submitted to respondent No.5 on 29th August, 2018, apprising the authority about the decision dated 8th June, 2015 of the Division Bench at Nagpur Bench, till date of filing of the petition, the said

(3) representation is not decided. As such, the petitioner left with no choice but to approach this Court.

This being a limited grievance, in our opinion, the petition can be disposed at the admission stage with directions. Issue notice to respondents, made returnable forthwith. Learned Asstt. Govt. Pleader waives service of notice for all the respondents.

6.

Accordingly, the petition is disposed of with directions to respondent No.5 to decide the represent dated 29th August, 2018, as expeditiously as possible and not later than eight weeks from the date of receipt of the order of this Court, needless to state on its own merits. (NITIN W. SAMBRE, J.) (PRASANNA B. VARALE, J.) sjk