The State Of Maharashtra Thr Its ... vs Chandraprakash S/O Jagoji Shende ...
2023 Latest Caselaw 10700 Bom

                                                                19wp6985.23.odt




     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              NAGPUR BENCH AT NAGPUR

             WRIT PETITION NO.6985 OF 2023

The State of Maharashtra and others                      .. Petitioners

..Versus..

Chandraprakash s/o Jagoji Shende and one                 .. Respondents


Mr. M.K. Pathan, AGP for the petitioners-State.


       CORAM : DEVENDRA KUMAR UPADHYAYA, CJ. &
               A.S. CHANDURKAR, J.

       DATE :          16th OCTOBER, 2023.

P.C.

1.      Issue      notice   to    the     respondents,    returnable       on

29th November, 2023.

2.      It   has     been      argued     by   the   learned     Assistant

Government      Pleader     for     the    petitioners-State    that      the

Maharashtra Administrative Tribunal (hereinafter referred to as

'Tribunal'), while passing the impugned judgment and order

dated 07.07.2022 in O.A. No.126/2022, has completely ignored

the fact that prior to filing of said O.A. No.126/2022, the

respondent no.1 had instituted the proceeding O.A.

No.878/1993 which was dismissed by the Tribunal by means of

1 of 2 19wp6985.23.odt

an order dated 04.05.2005. The further submission is that the

claim of the respondent no.1 having already been rejected by

means of the order dated 04.05.2005 passed by the Tribunal, it

could not have been re-agitated by filing O.A. No.126/2022.

3. We find substance in the submission made by the

learned Assistant Government Pleader appearing on behalf of

the petitioners-State.

4. Accordingly, till disposal of this writ petition, operation

and implementation of the impugned judgment and order

passed by the Tribunal in O.A. No.126/2022 shall remain stayed.

(A.S. CHANDURKAR, J.) (CHIEF JUSTICE) Gulande

Signed by: A.S. GULANDE Designation: PS To Honourable Judge 2 of 2 Date: 16/10/2023 19:53:41