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Bombay High CourtWP/4192/2022disposed off

Akash S/O Raju Kharade v. The State Of Maharashtra Thr. Its Secretary, Home Department, Mumbai And Others

2022-07-25Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Justice Urmila Joshi Phalke1 pages

1 32-WP-4192-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 4192 OF 2022 (Akash s/o Raju Kharade Vs. The State of Maharashtra & Ors.) WITH WRIT PETITION NO. 2625 OF 2022 (Nandu s/o Dattu Jogdande & Ors. Vs. The State of Maharashtra & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri Rohit Joshi, Advocate for the petitioners. Ms. T.H. Udeshi, Assistant Government Pleader for respondent Nos. 1 to 3/ State. CORAM : A. S. CHANDURKAR AND URMILA JOSHI-PHALKE , JJ.

D ATE : JULY 25 , 202 2 .

In these petitions, the judgment of the Maharashtra Administrative Tribunal in Original Application No. 1114/2021 with connected matters dated 20/4/2022 is under challenge.

Admittedly, the present petitioners were not parties to the proceedings before the Tribunal. The learned Counsel for the petitioners has fairly invited attention to the order dated 13/7/2022 passed in Writ Petition No. 6251/2022 (Ganesh Pawar and ors. Vs. The State of Maharashtra and ors.) at the Principal Seat wherein a similar challenge was raised to the order passed by the Tribunal and the same was not entertained since the said petitioners were not parties to the proceedings before the Tribunal. Liberty was granted to those petitioners to approach the Tribunal by presenting an appropriate application, either original or review.

We find that the present petitioners are similarly situated. Hence for the reasons mentioned in the aforesaid order, these Writ Petitions are not entertained. They are disposed of with liberty to the petitioners to approach the Tribunal in accordance with law.

The interim order passed on 12/5/2022 in Writ Petition No. 2625/2022 shall continue for a period of three weeks from today and shall cease to operate automatically thereafter.

(URMILA JOSHI-PHALKE, J.) (A. S. CHANDURKAR, J.) SUMIT AGRAWAL