Shivaji Topu Rathod v. The State Of Maharashtra Throu. Addl Chief Sec. Dept Of Revenue And Forest And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13919 OF 2024 Shivaji Topu Rathod

...Petitioner

Versus

The State of Maharashtra Through Addl. Chief Secretary, Dept of Revenue And Forest And Ors.

...Respondents

...

Mr. Narendra V. Bandiwadekar, Senior Advocate a/w Mr. Vinayak R. Kumbhar a/w Mr. Rajendra B. Khaire and Mr. Aniket S. Phapale i/b. Ms. Ashwini N. Bandiwadekar, Advocate for the Petitioner.

by PALLAVI MAHENDRA WARGAONKAR Date:

2024.10.18 10:55:39 +0530 PALLAVI MAHENDRA WARGAONKAR Mr. Abhijeet Naik, AGP for Respondent Nos.1 and 2. Mr. Mahesh Vardkar, Deputy Secretary, Respondent No.1 present.

Ms. Shraddha Dube Patil i/b. M/s. Jay & Co., for Respondent No.3.

...

CORAM : RAVINDRA V. GHUGE & M.M. SATHAYE, JJ.

DATE :- 15th OCTOBER, 2024 Per Court :- 1.

On 11th October, 2024 we had passed the following order:- "1.

The learned AGP places on record a copy of the order passed by the Revenue and Forest

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Department, Respondent No.1 herein, dated 10th October, 2024, by which the order of deputation issued to Respondent No.4 has been stayed, after realizing that the said post on which he was deputed, is not vacant and was already occupied by the Petitioner. The photostat copy of the said order is marked as X-1 for identification.

2.

The learned Advocate for the Petitioner submits that in these circumstances, the State Government should have actually withdrawn the order of deputation.

3.

The learned AGP seeks time to take instructions. 4.

List this Petition for passing order, on 15th October, 2024."

2.

The learned AGP submits on instructions from Mr. Mahesh Vardkar, Deputy Secretary, Respondent No.1, that as the State Government has noticed that the Petitioner is already discharging the duties on a substantive post, steps have now been initiated to withdraw the order of deputation issued to Respondent No.3. Within 5 to 6 days, the said order would be issued and the Petitioner's grievance is, therefore, redressed. In view of the statement made on instructions, the Writ Petition stands worked out and is therefore, disposed off.

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Needless to state that, if the Model Code of Conduct is introduced, it would not be an impediment for the Government to issue the order in terms of the statement made before us. (M.M. SATHAYE, J.) (RAVINDRA V. GHUGE, J.)