Prakash Kukreja v. The State Of Maharashtra Thr Principal Secretary And ANR

403-WP-17147-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 17147 OF 2024 Prakash Kukreja

...Petitioner

Versus

The State of Maharashtra and Ors.

...Respondents

__________ Ms. Minial J. Chandnani a/w Ms. U. M.I., for the Petitioner. Mr. A.A. Alaspurkar, AGP, for Respondent - State. __________ CORAM :

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATE :

6 FEBRUARY 2025 P.C.:

1.

Ms. Chandnani, learned counsel for the petitioner would submit that the respondent no.2 - Divisional Commissioner, Konkan Division has issued notices dated 1 June 2023 and 7 March 2024 for hearing of the petitioner's complaint dated 20 April 2023 filed by the petitioner before the respondent authorities.

2.

Ms. Chandnani would state that the respondents are duly served which is apparent from the record.

3.

Ms. Chandnani would submit that at this juncture, she is pressing for a hearing to be given to the petitioner by the respondent no.2 which is long pending, despite hearing notices dated 1 June 2023 and 7 March 2024 being issued. In fact the hearing notice dated 7 March 2024 clearly stated that the hearing would be held on 15 March 2024. However, the Pallavi Wargaonkar, PS

403-WP-17147-2024.doc petitioner has not been heard despite issuance of such notices. The petitioner is thereby aggrieved and is seeking for appropriate reliefs to the extent of hearing the petitioner on his complaint dated 20 April 2023 and taking a decision after such hearing. There is no opposition to the petition. 4.

In our view, no prejudice would be caused to the parties by passing the following order which would meet the ends of justice:-

ORDER

(i) Respondent no.2 is directed to hear the petitioner within a period of one week from the date this order is made available to respondent no.2. Such hearing notice be issued to the petitioner communicating the date and time of such hearing. Upon hearing the petitioner on his complaint dated 20 April 2023 the respondent no.2 shall pass appropriate orders on merits and in accordance with law. Such orders shall be passed as expeditiously as possible, not later than within a period of six weeks from the date of the hearing being granted to the petitioner pursuant to the above notice of hearing.

(ii) All contentions of the parties are expressly kept open. (iii) Writ Petition is disposed of in the above terms. No costs. [ADVAIT M. SETHNA, J.] [G. S. KULKARNI, J.] Pallavi Wargaonkar, PS