Bombay High CourtWP/4391/2005dismissedrule discharged

Aslam S/O Ayub Sheikh And ORS. v. The State Of Maharashtra, Thr. Collector, Gondia And ORS.

2016-10-15Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Kum. Justice Indira Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.4391/2005 Aslam s/o Ayub Sheikh and others ...Versus...

The State of Maharashtra, the Collector, Gondia District Gondia and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri I.J. Damle, AGP for respondent nos.1 to 3 CORAM : SMT. VASANTI A NAIK AND KUM. INDIRA JAIN, JJ.

DATE : 15.10.2016 None appeared for the petitioners on 14.10.2016. None appears for the petitioners today also. Though we were prima facie inclined to allow the writ petition in view of the judgment in the case of Smt. Jaikumari Amarbahadursingh and others...Versus...State of Maharashtra, through the Secretary, Revenue & Forest Deptt. and another, dated 30.9.2008 in a bunch of writ petitions bearing Writ Petition No.4433/1999 and others, we are not in a position to allow the same as in view of the said reported judgment, the petitioners would be required to approach the appropriate authority within eight weeks from the date of the decision and it would be necessary for the appropriate authority to consider whether such transfer is legitimate and whether it could be regularized. Since in the absence of the petitioners, a direction, as issued in the case of Smt. Jaikumari Amarbahadursingh and others in

paragraph no.52 of the aforesaid judgment, cannot be issued in this case in the absence of the petitioners and without knowledge to them, the writ petition is liable to be dismissed. Hence, we dismiss the writ petition for want of prosecution.

JUDGE JUDGE Wadkar

C E R T I F I C A T E I certify that this order uploaded is a true and correct copy of original signed order.

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