Naziya Isak Kazi v. The State Of Maharashtra Thr. Secretary And Others

Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11439 OF 2025 Naziya Isak Kazi ] Petitioner versus The State of Maharashtra through ] Its Secretary Rural Development ] Department, Mantralaya, Mumbai ] and others ] Respondents .....

Mr. Avinash D. Aghav (through V.C.) a/w Mr. Saurabh P. Tandale, for Petitioner.

Mr. S.B. Kalel, A.G.P, for Respondent - State. .....

CORAM : M.S. KARNIK & SHARMILA U. DESHMUKH, JJ DATE : 26th SEPTEMBER, 2025.

P.C:

1.

Heard Mr. Aghav, learned Counsel appearing for the petitioner and Mr. Kalel, learned A.G.P, for the respondent - State. 2.

The petitioner challenges the transfer order issued by the respondent No.2 dated 22nd August, 2025 contending that couple convenience policy has not been considered as the transfer resulted into the petitioner being placed at a distance more than 46 k.m whereas Government Resolution dated 18th June, 2024 provides that maximum distance at which couple could be transferred is 30 k.m.

SHAILAJA SHRIKANT HALKUDE SHAILAJA SHRIKANT HALKUDE Date: 2025.09.26 18:39:48 +0530

3.

Learned A.G.P submits that under clause 5.10.2 of the Government Resolution dated 18th June, 2024, the petitioner can approach the Chief Executive Officer of Zilla Parishad within a period of seven days and the appeal can be decided within a period of 30 days. 4.

The petition has been moved urgently and notices are yet to be issued. 5.

Considering that, prima facie, there is non compliance with Government Resolution dated 18th June, 2024 as the transfer has resulted in petitioner being placed at a distance beyond 30 k.m, the petitioner is required to be protected.

6.

Issue notice to the respondents returnable on 14th October, 2025. 7.

Learned A.G.P waives service for respondent No.1 - State. 8.

Till the next date, the impugned transfer of the petitioner is stayed. 9.

In the meantime, the petitioner to file appropriate representation with Chief Executive Officer, Zilla Parishad, Solapur by Monday, the 29th September, 2025. The representation to be decided in accordance with law as per clause 5.10 within a period of 30 days.

10.

List on 14th October, 2025.

[SHARMILA U. DESHMUKH. J.] [M.S. KARNIK, J.]