Datta Tulsidas Kurkute And Others v. The State Of Maharashtra Through Principle Secretary And Others

2024:BHC-AUG:1665-DB 67wp837-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 67 WRIT PETITION NO. 837 OF 2024 DATTA TULSIDAS KURKUTE AND OTHERS ....Petitioner

VERSUS

THE STATE OF MAHARASHTRA THROUGH PRINCIPLE SECRETARY AND OTHERS .....Respondent .....

Mr. Sontakke Sandeep B, Advocate for the Petitioner Mr. S. B. Narwade, AGP for the Respondents State Mr. A. R. Nikam, Advocate for Respondent No.3

CORAM

: RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE : 23rd January, 2024 ORDER:

1.

This Petition has been filed on an apprehension. The Petitioners have made online applications for inter district transfer. 2.

We find that there is no cause of action in this petition and we are surprised as to why this Petition has been filed. The Petitioners' apprehension is that the GR dated 02.12.2022 may not be followed by the Government.

3.

A Writ of Mandamus cannot be issued on an apprehension of the Petitioners, without any cause of action and without any legal injury, that they feel that the State Government may not comply with the said GR.

67wp837-24 4.

This Petition is disposed off. If the Petitioners suffer any legal injury, they are at liberty to avail of a remedy as is permissible in law.

( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. ) JPChavan