Sanjivani Abasaheb Karne And ORS v. The State Of Maharashtra Thr. Secretary Revenue And Forest Dept. And ANR

8. IA 2900.22 Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2166 OF 2021 WITH INTERIM APPLICATION NO. 2900 OF 2022 Sanjivani Abasaheb Karne and ors.

.. Petitioners Vs.

The State of Maharashtra and anr.

.. Respondents ------------ Mr. Vishal S. Kadam a/w Mr. Suvidh S. Kulkarni, for Petitioners.

Mr. Govind Solanke, for Applicant in IA/2900/2022. Mr. B. V. Samant, AGP for Respondents - State. ------------ CORAM : DIPANKAR DATTA, CJ & M. S. KARNIK, J.

DATE : JULY 13, 2022 Digitally signed by URMILA PRAMOD INGALE Date:

2022.07.14 19:19:28 +0530 URMILA PRAMOD INGALE P.C. :

1.

In pursuance of the order dated July 1, 2022, notice of the interim application has duly been served on the learned advocate for the writ petitioner.

2.

We have heard Mr. Kadam, learned advocate for the writ petitioner. Considering the fact that the selection and appointment on the post of 'Talathi' in the district of Satara is under challenge in the writ petition, the writ petitioner ought to move the Maharashtra Administrative Tribunal (hereafter "the Tribunal", for short) for relief.

8. IA 2900.22 3.

The writ petition stands disposed of together with the interim application granting liberty to the petitioner to approach the Tribunal in accordance with law. 4.

Since we are informed that the pleadings in the writ petition are complete, the writ petitioner may, while moving the Tribunal, rely on the statements that are favourable to him, if pleaded in any of the affidavits filed by the parties. 5.

However, it is needless to observe that the merits of the rival claims have not been examined.

6.

No costs.

(M. S. KARNIK, J.) (CHIEF JUSTICE)