1 Cri.WP No.618/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.618 OF 2011. Balu s/o Savlaram Ubale, Age: 35 Yrs., occu.Prisoner, R/o Central Jail, Tq.Aurangabad, Dist.Aurangabad. - PETITIONER VERSUS 1) The State of Maharashtra Through Secretary of Home Department, MS, Mantralaya, Mumbai-32. 2) The Director General, Prison, Aurangabad. 3) The Superintendent of Jail, Central Jail, Aurangabad. - RESPONDENTS ***** Ms.Manjushri Shendage, Advocate for Petitioner; Mr.SK Tambe, APP for State. ----- CORAM : P.V.HARDAS & A.V.POTDAR,JJ. DATE : 4th August, 2011. ORAL JUDGMENT (Per.P.V.HARDAS,J.): . Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission. 2 Cri.WP No.618/2011 2) The grievance of the petitioner in this petition is, that despite the order of this Court dated 22nd March, 2011 in Writ Petition No. 1112/2010, the respondents authorities have not decided the application of the petitioner. 3) It appears that the petitioner had applied for his transfer from Central Jail to Open Prison, at Paithan. Initially, the application of the petitioner came to be rejected on the ground that the petitioner was a patient suffering from HIV. The petitioner, therefore, challenged the said decision of the respondents by filing Writ Petition No.1112/2010. The Division Bench of this Court by the afore-stated order directed the authorities to decide the matter in accordance with law after receipt of the medical report. It appears that the medical report had been received prior to the decision of the said writ petition. The medical report of the Medical Board is dated 23.2.2011. The grievance of the petitioner is, that despite the receipt of the medical report, the respondents authorities have not decided the application of the petitioner. 4) We, therefore, allow this petition and direct the respondents to decide the application of the petitioner in accordance with the 3 Cri.WP No.618/2011 directions issued by this Court in its order dated 22.3.2011 in Writ Petition No.1112/2010, if pending, in accordance with law, within a period of six weeks from today and to communicate decision thereon to the petitioner. In the unlikely event of the application of the petitioner being decided, we also direct the respondents to communicate the decision to the petitioner. 5) Rule is, therefore, made absolute on the above directions with no order as to costs. Learned APP undertakes to communicate this order to the respondents. Copy of this order, duly authenticated by the Court Sheristedar. be provided to learned APP. sd/- sd/- (A.V.POTDAR,J.) (P.V.HARDAS,J.) bdv/ Authenticated Copy (BD VADNERE,PS)