Research › Search › Judgment

Bombay High Court · body

2026 DAILYLAW 3346 (BOM)

KAILAS S/O GUNWANT BHUMBAR v. THE STATE OF MAHA., THR. ITS SEC. REVENUE AND FOREST DEPT. MANTRALAYA, MUMBAI AND ORS.

CAW/2095/2026 · 2026-08-24

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 1caw2095.2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR. CIVIL APPLICATION (CAW) NO. 2095 OF 2026 IN WRIT PETITION NO. 6540 OF 2026 (Kailas s/o Gunwant Bhumbar Vs. State of Maharashtra and ors) __________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders __________________________________________________________________________________________ Mr. N.R. Saboo, Advocate for petitioner. Ms. K.P. Marpakwar, AGP for respondent nos. 1 to 3/State. CORAM : ANIL S. KILOR & RAJNISH R. VYAS,JJ. DATE : 24/08/2026 CIVIL APPLICATION (CAW) NO. 2095 OF 2026 Heard. 2. For the reasons stated, the application is allowed. 3. Necessary amendment be carried out forthwith. 4. The application is disposed of. WRIT PETITION NO. 6540 OF 2026 Heard Mr. N.R. Saboo, learned counsel for the petitioner. 2. The grievance raised in this petition is regarding rejection of Original Application by learned Maharashtra Administrative Tribunal, Nagpur Bench, Nagpur, raising challenge to transfer of petitioner from Paratwada to Patur District Akola, without recording the reasons for his transfer. 3. It is the case of petitioner that Civil Service Board recommended the names of the petitioner and his wife under the Unification Policy for Morshi and Bhatkuli, District Amravati, Belkhede 2 1caw2095.2026.doc respectively. However, when the transfer orders were received, the transfer of the petitioner was shown at Paratwada whereas, transfer of his wife was shown as Bhatkuli. Though, the place of transfer of the petitioner was changed from Morshi to Paratwada, the petitioner did not raise any objection to such general transfer made by Government order dated 13.5.2026. 4. However, subsequently on 21.5.2026, before the petitioner could join at Paratwada, another order came to be passed transferring the petitioner from Paratwada, District Amravati to Patur, District Akola contrary to Unification Policy and further without assigning any reason for change of place of transfer. According to petitioner, his case is covered by the judgment of Co-ordinate Bench of this Court dated 25.9.2025, delivered at Principal Seat in Writ Petition No. 11520/2025 (Shrikant Ramdas Karkale Vs. State of Maharashtra and others). 5. It is submitted that the learned Tribunal rejected the Original Application of the petitioner on the ground that since, it is a general transfer, there is no need to record any reason. It is submitted that immediately, after rejection of Original Application on 18.8.2026, on 21.8.2026, one Ku. Nisha Prabhakar Mokashe was transferred from Amravati to Paratwada in place of petitioner. It is pointed out that post at Paratwada on which the petitioner was transferred, was kept vacant as per the order of the learned Tribunal. It is therefore, submitted that there is every possibility to make the petition infructuous since newly added respondent no. 5 may join the post at Paratwada. In that view of the matter, Mr. Saboo, learned counsel for petitioner is pressing for stay to the transfer order dated 21.8.2026, issued in the name of respondent no. 5. 6. Issue notice to the respondents, returnable on 28.8.2026. Belkhede 3 1caw2095.2026.doc 7. Ms. K.P. Marpakwar, learned AGP waives notice for respondent nos. 1 to 3/State. 8. In the meantime, the parties are directed to maintain status quo as on today. 9. The petitioner is permitted to serve the remaining respondent/s by private mode in addition to the regular mode of service and file an affidavit of service by next date, failing which the petitioner shall pay costs of Rs.500/-(Rs. Five Hundred) in the ‘Public Welfare Account’ bearing No. 129712010001014, IFSC Code No. UBIN0812978 with Union Bank of India, High Court Branch, Civil Lines, Nagpur. 10. Office objection/s, if any, be removed before the returnable date. (RAJNISH R. VYAS, J.) (ANIL S. KILOR, J.) Belkhede Signed by: Mr. R. S. Belkhede Designation: PS To Honourable Judge Date: 24/08/2026 20:09:59