Rahul S/O Madhukar Ninawe And Others v. State Of Maharashtra, Through P.S.O. Umerkhed, Yavatmal And Another

232pil154.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

P.I.l. No.154 of 2016 (Ravindra s/o. Ramdas Paturkar and Ors. vs. State and anr.) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mr.Aditya Gohokar, Advocate for the Petitioners. Mrs.Bharti Dangre, G.P. for Respondent Nos. 1 and 2. CORAM : B.R.GAVAI AND KUM. INDIRA JAIN, JJ.

DATE : 23.2.2017.

Heard.

Earlier the difficulty expressed by the petitioners was that filing of Sales Tax matters is not accepted at Nagpur, but for every such filing, a lawyer or a litigant has to travel all the way to Mumbai.

Initially, there was an opposition from the President of the Sales Tax Tribunal for permitting filing at Nagpur. It was stated by the learned Government Pleader, on instructions of the learned President, that the learned President examines each and every matter before the same being filed.

We had expressed that the learned President rather than acting as a receiving Clerk should act as a Judicial Officer and leave the work of accepting filing with the

232pil154.16.odt Registry of the Tribunal.

On this, the learned Government Pleader stated that the learned President has agreed to depute one Clerk, who shall be authorised to accept filing at Nagpur.

The difficulty now expressed by the petitioners is that, in the last sitting, the learned President has only taken the matters fixed for final hearing and has refused to entertain the fresh petitions for urgent hearing.

We see no rationale in not taking up fresh matters at Nagpur. On the contrary, fresh matters are the matters which require urgent attention of the Tribunal.

In that view of the matter, we request the learned Government Pleader to take instructions from the learned President of the Tribunal in that regard.

Stand over to 2.3.2017.

JUDGE JUDGE jaiswal