1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 1439 of 2009 IN WRIT PETITION NO. 4835 OF 2001 Pradeep Vinayakrao Patil ...Applicant VERSUS Abhay Yuwa Kalyan Kendra through its Chairman and ors. ...Respondents ..... Shri Girish Rane, advocate for the applicant Shri S.R.Barlinge, advocate for respondent no.1 Shri R.B.Raghuwanshi, advocate for respondent no.3 in W.P. ..... CORAM : S.P. DAVARE, J. DATED : 9th June, 2009. ORAL ORDER : 1. Perused. 2. By the present Civil Application, the applicant has prayed that Writ Petition No. 4835 of 2001 be fixed for final hearing as early as possible. 2 3. It is the contention of the applicant that he has filed Writ Petition No. 4835 of 2001 before this court challenging the judgment and order dated 26.2.2001 passed by the College Tribunal, Aurangabad in Miscellaneous Application No. 40 of 2000. While admitting the said Writ Petition, interim relief in terms of prayer clause ‘C’ was granted on 28.11.2001 and thereby respondent nos. 1 and 2 were directed to pay the applicant all the backwages subject to the out come of the Writ Petition. 4. The applicant submits that he is B.A., M.P.Ed. and was duly selected for the post of lecturer in respondent no.1 College. However, the applicant is out of service since last about ten years. The applicant was not allowed to join services and he has no other source of income. The present Writ Petition has been admitted long back and is ready for final hearing. 5. The applicant also submits that earlier he preferred Civil Application and this court vide order dated 12.1.2007 directed to fix up the present Writ Petition for final hearing in the 3 week commencing from 26.2.2007, but same could not reach on Board for final hearing. 6. The applicant further submits that the action of the respondent is deliberate and intentional with a view to cause harassment to the applicant. Hence, the applicant prayed that present petition be fixed for final hearing as early as possible. 7. Heard learned counsel for the parties. 8. Considering the submissions made by the learned counsel for the parties and also considering the position that the present Writ Petition was already directed earlier to be fixed for final hearing by this court vide order dated 12.1.2007 which could not reach, there is no impediment in allowing the present application and fixing the present Writ Petition for final hearing as early as possible in the interest of justice. 9. In the circumstances, the present Civil Application is allowed and it is directed that Writ Petition No. 4835 of 2001 be fixed for final hearing in the week commencing from 27.7.2009. 4 Civil Application stands disposed of. (S.P. DAVARE, J.) dbm/ca1439.09