Shashikant Shanmukh Swami And ORS v. Additional Commissioner, Pune Division, Pune And ORS

(18)WP-5601-2022.doc rkmore

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by RAJSHREE KISHOR MORE Date:

2022.05.07 11:21:17 +0530 CIVIL APPELLATE JURISDICTION RAJSHREE KISHOR MORE WRIT PETITION NO. 5601 OF 2022 Shashikant Shanmukh Swami & Ors.

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Petitioners vs.

Additional Commissioner, Pune Division, ] Pune & Ors.

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Respondents Mr.Pramod Kathane, for Petitioners.

Mr.S.B. Kalel, AGP for State.

CORAM :

S.V. GANGAPURWALA & M.G.SEWLIKAR, JJ DATE :

6TH MAY, 2022.

P.C.

1] The Petitioners are seeking transfer of the proceedings from the file of the Additional Collector, Sangli. He submits that on 17.05.2021 the matter was adjourned. The roznama suggest so. However, on the same day, order is passed directing the parties to maintain status quo. The Petitioner does not have faith in such Officer. The manner in which the order is passed speaks volume of the manner in which the officer is functioning. He submits that the matter be transferred. 2] The Authority is exercising quasi judicial power. The transfer of the proceedings cannot be ipse dixit. Except the fact that on the roznama it is shown that the matter is adjourned and subsequently 1/2

(18)WP-5601-2022.doc order of status quo is passed cannot be sufficient to infer or attribute malafide against the concerned Officer. The other allegations also do not appear to have been made against the said officer. The Petitioner has remedy to challenge the order passed by the said Authority. 3] In light of that, Writ Petition is disposed of. No costs. [M.G.SEWLIKAR, J] [S.V.GANGAPURWALA,J] 2/2