Ganesh Pralhad Gayakwad v. The State Of Maharashtra, Thr. Secretary For Urban Development Dept., Mumbai And Others

2023:BHC-NAG:13420-DB 17-WP-5999-2023.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO. 5999 OF 2023 Ganesh Pralhad Gayakwad vs.

The State of Maharashtra, through its Secretary for Urban Development Department, Mumbai and others --------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri S.M.Vaishnav, Advocate for petitioner.

Shri A. S.Fulzele, Additional Government Pleader for respondent nos. 1 & 3. CORAM :- A.S.CHANDURKAR AND MRS. VRUSHALI V. JOSHI, JJ. DATE :- 8th SEPTEMBER 2023 P. C.

The petitioner has challenged the order dated 04.09.2023 passed by the Maharashtra Administrative Tribunal whereby notice has been issued to the respondents by the Tribunal making it returnable after three weeks. The petitioner in the present writ petition seeks grant of interim relief as has been prayed in the Original Application. 2.

We find that since the proceedings are pending before the Maharashtra Administrative Tribunal and the prayer for interim relief has not been rejected by the Tribunal, the interest of justice would be served by granting liberty to the petitioner to move the Tribunal for pre-poning of the proceedings for consideration of the prayer for interim relief. The Tribunal is free to consider the prayer for interim relief in accordance with law.

3.

With aforesaid liberty, the writ petition is disposed of. All points raised in the writ petition are kept open for being raised before the Tribunal.

(MRS. VRUSHALI V. JOSHI, J.) (A.S.CHANDURKAR, J.) Andurkar.