Shantaram Bhikan Mahajan v. Brihanmumbai Municipal Corporation

by ARUNA SANDEEP TALWALKAR Date:

2026.02.10 19:21:57 +0530 ARUNA SANDEEP TALWALKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 3986 OF 2024 Shantaram Bhikan Mahajan

...Petitioner.

Versus

Brihanmumbai Municipal Corporation & Ors.

...Respondents.

---------- Mr. Divyesh K. Jain i/b. Mr. Nitin Gaware, Advocate for the Petitioner.

Mr. Drupad Patil a/w. Mr. Pratik Garde i/b. Ms. Komal Punjabi, Advocate for the Respondents-BMC..

---------- CORAM : R.I. CHAGLA, J ADVAIT M. SETHNA, J DATE :

9 February 2026 ORDER :

1.

By this Writ Petition, the Petitioner has sought quashing and setting aside of promotion order dated 10th July, 2024 issued by the Respondent No. 3, Law Officer of Brihanmumbai Municipal Corporation thereby demoting the Petitioner from Assistant Law Officer (Grade I) to Assistant Law Officer (Grade-II). 1/3

2.

Having heard the learned Counsel for the parties, the parties have arrived at a workable arrangement. 3.

The following order is passed by consent of the parties: (i) The impugned order dated 10th July, 2024 which has been passed without considering the representation of the Petitioner dated 10th June, 2024 shall be reconsidered by the Respondent No. 2 - Commissioner of the Brihanmumbai Municipal Corporation after taking into consideration the representation of the Petitioner dated 10th June, 2024 as well as any additional representation made by the Petitioner and in accordance with law. (ii) The Respondent No. 2 - Commissioner of the Brihanmumbai Municipal Corporation shall pass fresh order upon granting hearing to the Petitioner and considering the representations. The exercise shall be completed preferably within a period of 3 weeks from the Petitioner submitting his representation. We have not expressed any opinion on the merits of the Writ Petition.

2/3

(iii) The rights and contentions of the parties are expressly kept open.

(iv) This order is passed in the peculiar circumstances of this case and shall not be treated as a precedent. (v) Writ Petition is accordingly disposed of. No order as to costs.

[ADVAIT M. SETHNA, J.] [R.I. CHAGLA J.] 3/3