Bombay High CourtWP/2946/2014dispossed offdismiss for default

Ku. Usha D/O Gulabrao Ghormare v. Zilla Parishad, Through Its Chief Executive Officer, Gadchiroli

2015-04-16Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.M. Badar2 pages

WP2946-14 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 2946/2014 (USHA GULABRAO GHORMARE VERSUS Z.P. GADCHIROLI) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.P. Palshikar, counsel for the petitioner. Mrs M.P. Munshi, counsel for the respondent.

CORAM : SMT. VASANTI A. NAIK AND A.M. BADAR, JJ.

DATE : APRIL 16 , 2015.

Heard.

By this petition, the petitioner challenges the order of transfer dated 26.05.2014.

Mrs. Munshi, the learned counsel for the Zilla Parishad raises a preliminary objection to the tenability of the writ petition. It is stated that the petitioner has an alternate efficacious remedy of challenging the transfer order before the Divisional Commissioner, Nagpur.

Shri Palshikar, the learned counsel for the petitioner, states that the petitioner would file an appropriate appeal/application before the Divisional Commissioner, Nagpur and she may be permitted to withdraw the writ petition. The learned counsel requests for the continuation of the interim relief for a period of two weeks.

The request made on behalf of the petitioner is just and reasonable.

Hence, we dispose of the writ petition with a liberty to the petitioner to file an appeal/application before the Divisional Commissioner, Nagpur within a period of two weeks. The adinterim relief to continue only for a period of two weeks.

WP2946-14 We make it clear that we have not made any observations in the ad-interim order on the prima-facie case in favour of the petitioner. Hence, the Divisional Commissioner is free to decide the application for stay-interim relief on its merits and in accordance with law.

Order accordingly. No costs.

JUDGE JUDGE APTE