Shri Suresh Shrawan Tangale And 6 Others v. State Of Maharashtra, Through Its Secretary, Mumbai And 4 Others

WP582-14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

Writ Petition No.582/2014 (Suresh Shrawan Tanjale and others .vs. State of Maharashtra and others. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mr. P.N. Shende, Advocate for Petitioners.

Mr. D.P. Thakre, Addl. G.P. For Respondent Nos.1 to 3. Mr. A.B. Tikle, Advocate for Respondent No.4. CORAM : B.R. Gavai & P.N. Deshmukh, JJ.

DATED : February 15, 2016.

1.

The learned counsel for the petitioners states that petitioner Nos. 1,3,4 and 6 do not desire to prosecute the petition. The petition, therefore, stands disposed of as withdrawn insofar as the said petitioners are concerned.

2.

The petition is filed by the petitioners seeking a direction to the respondents to appoint an Administrator over the affairs of respondent no.5. 3.

As to whether the Administrator should be appointed, is a matter within the domain of respondent no.3. The said power is to be exercised after taking into consideration the factors as to whether such an action is found necessary or not.

4.

The Court cannot issue a direction to respondent no.3 to appoint an Administrator merely because the petitioners so desire.

WP582-14.odt 5.

In that view of the matter, no case is made out for interference. Writ petition is rejected. Needless to state that the rejection of the present writ petition would not come in the way of the petitioners in prosecuting their remedy before the appropriate forum. JUDGE JUDGE halwai