Nilay S/O Suresh Bhoge And Another v. The State Of Maharashtra, Thr. Principal Secretary, Revenue And Forest Dept., Mumbai And Others

2024:BHC-NAG:2600-DB 1 81 WP-8417-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.8417 OF 2023 [Nilay Suresh Bhoge and Anr. .Vs. The State of Maharashtra and Ors.] Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr Jugalkishor Gilda, Senior Advocate a/b Mr Amol Patil, Advocate for Petitioners. Mr A. M. Joshi, AGP for Respondent/State.

Mr C. S. Kaptan, Senior Advocate a/b Mr R. S. Kalangiwale, Advocate for Respondent No.4.

CORAM

: ANIL S. KILOR AND SMT. M. S. JAWALKAR, JJ.

D ATE : 4 th MARCH, 2024 .

.

This petition can be disposed of without going into the merits of the matter, as the only prayer made by the petitioners is that, the interim application for grant of stay to the process of promotion is pending before the Maharashtra Administrative Tribunal, Nagpur, which is not yet decided and was adjourned time to time on one count and other, be directed to be decided within stipulated time.

2.

The record shows that from 08.11.2023, the matter before the Tribunal was adjourned time to time. Whereas, there is every likelihood that the promotion orders would be issued in the present matter at any time.

3.

In that eventuality, according to the petitioners, it will cause great prejudice to the petitioners and it would frustrate the purpose of praying for interim relief.

4.

In that view of the matter, the writ petition is disposed of with a direction to the learned Maharashtra Administrative Tribunal, Nagpur, to decide the interim application moved by the TAMBE

2 81 WP-8417-2023.odt petitioners for interim relief, within a period of one week from 05.03.2024.

5.

The parties are directed to appear before the learned Maharashtra Administrative Tribunal on 05.03.2024 at 11:00 a.m. Thereupon, the learned Maharashtra Administrative Tribunal shall decide the prayer of the petitioners for interim relief, within a period of one week from 05.03.2024, after hearing both the parties and giving sufficient opportunity including to file reply.

5.

Mr A. M. Joshi, learned AGP, makes a statement, on instructions from respondent No.2 that, though the process is going on and at any time, the orders of promotion may be issued. 6.

In the circumstances, it is expected that for one week, the respondent Nos.1 to 3 should not issue any orders of promotion. (M. S. JAWALKAR, J.) (ANIL S. KILOR, J.) TAMBE