1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2996 OF 2009 Shivajirao s/o Vithalrao Bhikane ..PETITIONER VERSUS The State of Mah. & ors. ..RESPONDENTS Mr N.P. Patil (Jamalpurkar), Advocate for the petitioner; Mr N.N. Jadhav, AGP for respondents no.1 & 2; Mr S.P. Brahme, Advocate for respondent no.3. CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 22nd July, 2009 PER COURT : This is a petition, undisputedly according to us, filed as a public interest litigation. The petitioner, it appears had made several complaints against the functioning and working of respondent no. 3. According to the petitioner, the aforesaid complaints was the basis for transferring the respondent from Commissioner, Women and Child Development, Maharashtra State, Pune to Managing Director, Western Maharashtra Development Corporation, Pune. It appears that the respondent no.1 which had issued the order of transfer stayed the aforesaid order. Though the petitioner claims that on the basis of his complaint respondent no.3 has been transferred and, therefore, this would not be a public interest litigation, according to us this is squarely a public interest litigation wherein the petitioner claims to 2 be aggrieved by the order of stay granted by the respondent no.1 to the transfer of respondent no.3. 2. Be that as it may, the fact remains that respondent no.1 by its administrative order transferred respondent no.3 and the aforesaid order came to be stayed by respondent no.1 itself. We, therefore, find that this is not a case where the Court should interfere under Article 226 of the Constitution of India. The petitioner, if he is aggrieved by the stay granted by respondent no.1, is free to take such measures before respondent no.1 as are available to him in law for getting the stay vacated. Writ Petition is, therefore, summarily dismissed with no order as to costs. [ A.V. POTDAR, J. ] [ P.V.HARDAS, J.] amj/wp2996.09