Shivaji Kishanrao Shirde v. The State Of Maharashtra And Others

1 wp 10179.13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10179 OF 2013 Shivaji Kishanrao Shirde .. Petitioner

Versus

State of Maharashtra and others .. Respondents Shri Ravibhushan P. Adgaonkar, Advocate for the Petitioner. Shri N. T. Bhagat, A.G.P. for Respondent Nos. 1 and 2. Shri A. V. Hon h/f Shri V. D. Hon, Advocate for Respondent No. 3.

Respondent No. 4 served.

CORAM : S. V. GANGAPURWALA & SUNIL K. KOTWAL, JJ.

DATE : 4 th July, 2018 PER COURT :

1.

We have heard Mr. Adgaonkar, learned counsel for the petitioner and Mr. Hon, learned counsel for the respondent. 2.

The petitioner has assailed the communication dated 30th November, 2013. In fact the said communication is a show cause notice.

2 wp 10179.13 3.

Learned counsel for the petitioner submits that the petitioner has already filed reply to the said show cause notice and the authority has not yet taken any decision upon the said show cause notice.

4.

The petition would be premature. Pursuant to the show cause notice the reply is also filed, as such, it is for the authority to take decision and even after the said decision is taken the remedy is available before the Commissioner.

5.

In the light of that, we are not inclined to consider the petition on merits.

6.

Writ Petition, as such, stands disposed of. No costs. [SUNIL K. KOTWAL, J.] [S. V. GANGAPURWALA, J.] marathe