1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL WRIT PETITION NO. 1125 OF 2009 Sk. Iqbal Sk. Gayasuddin ...Petitioner VERSUS The State of Maharashtra ...Respondent ..... Smt. M.B.Gangwal, advocate appointed for the petitioner Shri K.S.Patil, APP for the respondent ..... CORAM : P.V.HARDAS AND SHRIHARI P.DAVARE, JJ. DATED : 18.01.2010 ORAL JUDGMENT : (Per Hardas, J.) 1 Rule. Rule returnable forthwith. With the consent of the learned counsel for the parties, this petition is heard finally at the stage of admission. 2 A communication sent by the petitioner through jail 2 came to be registered as Criminal Writ Petition. We had accordingly appointed advocate Smt. M.B.Gangwal as the learned counsel to represent the petitioner in this petition when the petition was listed before us for admission. 3 The limited grievance of the petitioner is that he had submitted an application dated 24.7.2009 for his transfer from Aurangabad Jail to the Open Jail at Paithan. It is stated that the afore said application is still pending and has not been decided by the respondent. 4 On notice of this petition being issued to the respondent, the respondent has filed affidavit in reply of one Bharat Mahadeo Bhosale, Additional Superintendent, Central Prison at Aurangabad. In the said affidavit in reply, at paragraph 7 it is stated that the afore said application, submitted by the petitioner, is pending consideration before the Inspector of Prisons, Pune and would be decided as per law. Since the application is pending, according to us, interest of justice would be subserved by directing the respondent to decide the said application. 5 Accordingly, this petition is allowed and the respondent is directed to decide the application of the petitioner, within four 3 weeks from today and communicate the decision thereof to the petitioner. Rule is thus made absolute on the above terms with no order as to costs. We quantify fees payable to the learned counsel appointed for the petitioner at Rs.Two Thousand. Copy of this order duly authenticated by the Court Sheristedar be issued to the party on demand. (SHRIHARI P. DAVARE, J.) (P.V.HARDAS, J.) dbm/crwp1125.09