The court disposed of the writ petition as academic because the facts have been settled and the petitioner has already challenged the decision in a substantive application before the Tribunal. Reliance on arguments is deemed unnecessary.
Writ petition disposed of. No costs. Civil application also disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
22 sr.no..odt
{1}
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
22 WRIT PETITION NO. 4926 OF 2016 WITH CA/5917/2016 IN WP/4926/2016
JAGDISHKUMAR NAVAL SHIRSATH VERSUS THE STATE OF MAHARASHTRA AND OTHERS
Advocate for Petitioner : Mr. Kalpalata Bharaswadkar Patil AGP for Respondents: Mr. S.B. Pulkundwar.
CORAM : S.V. GANGAPURWALA & K.K. SONAWANE, JJ. DATE : 19th September , 2017.
PER COURT:
1] Mrs. Kalpalata Patil Bharaswadar, learned counsel for the petitioner submits that the Tribunal while passing the final order gave directions to decide the representation of the original claimant without giving guidelines or stating the manner in which it is to be decided.
2] We have heard the learned AGP.
3] It appears that the counsel for the petitioner before the Tribunal was not present when the matter was decided. Be that as it may, it is submitted that after the impugned order is passed by the Tribunal, the authority has decided the representation of the original applicant and has passed orders, wherein, the present petitioner is reverted. Learned counsel for the petitioner states that the petitioner has challenged the said order of reversion before the Tribunal by filing substantive proceeding/application.
4] In view of the fact that pursuant to the order of the Tribunal, decision has already been taken by the authority, and the present petitioner has challenged the said decision also before the Tribunal by filing substantive original application, the arguments in the present matter would remain
22 sr.no..odt
academic.
5] Present petitioner can agitate all the grounds available to him in the Original Application filed by the petitioner challenging the decision of the authority in the substantive application filed before the Tribunal. In the light of aforesaid, writ petition stands disposed of. No costs. Civil application also stands disposed of.
[K.K. SONAWANE] [S.V. GANGAPURWALA] JUDGE JUDGE.
grt/-
1 issue framed by the court
Whether the writ petition is maintainable when the petitioner has already challenged the decision in a substantive application before the Tribunal.
Jagdishkumar Naval Shirsath
The State of Maharashtra
S.V. Gangapurwala
K.K. Sonawane
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
