Bombay High CourtWP/5336/2016disposed offdismissed for default

Satimata Sarvajanik Library Through Its President Shriram Gulabrao Patil v. The State Of Maharashtra And Others

2017-01-27Hon'Ble Shri Justice Sangitrao S. Patil,Hon'Ble Shri Justice V. M. Kanade2 pages

(1) W.P. No. 5336 of 2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Writ Petition No. 5336 of 2016 District : Dhule Satimata Sarvajanik Library, Visarne, Taluka & District Dhule, Through its President - Shri Shriram Gulabrao Patil, Age : 56 years, Occupation : Agriculture, R/o. Visarne, Post Junavane, Taluka & District Dhule.

.. Petitioner.

versus

1. The State of Maharashtra, Through its Secretary, Higher & Technical Education Department, Mantralaya, Mumbai - 400 032.

2. The Director of Library, Directorate of Library, Maharashtra State, Mumbai.

3. Assistant Director of Library, Nashik Division, Nashik.

4. District Library Officer, Office of District Library, Aurangabad.

.. Respondents.

...........

Mr. Ameya Sabnis, Advocate, holding for Mr. N.L. Choudhari, Advocate, for the petitioner. Mr. S.G. Karlekar, Asst. Government Pleader, for respondent nos.01 to 04.

...........

CORAM : V.M. KANADE & SANGITRAO S. PATIL, JJ.

DATE : 27TH JANUARY 2017

(2) W.P. No. 5336 of 2016 ORAL ORDER :

Heard.

02.

By the present petition which is filed under Article 226 of the Constitution of India, the petitioner has challenged the order dated 15th September, 2014 passed by respondent no.02 - Director of Library.

03.

Grievance of the petitioner is that he was neither heard before passing of the above order nor copy of the order has been served on him.

04.

Against the said order, appeal has been provided.

Therefore, petition can be conveniently disposed of by directing the petitioner to file appeal against the impugned order.

05.

The petitioner shall be at liberty to file an appeal against the impugned order. If an appeal is filed, appellate authority shall hear the appeal on merits and shall not dismiss it on the ground of delay. The appellate authority shall dispose of the appeal in accordance with law, as far as possible within six weeks from the date of its presentation.

06.

With the above directions, the Writ Petition is disposed of.

( Sangitrao S. Patil ) ( V.M. Kanade ) JUDGE JUDGE ...........

puranik / WP5336.16