1 wpl-1519-11 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.1519 OF 2011 National Textile Corporation Ltd. (Western Region) ..Petitioner V/s. Union of India & Ors. ...Respondents Mr. H.J.Thakkar, Senior Advocate i/b Mrs. Vanita Kakar for the Petitioner Mr. Rajinder Kumar for Respondent No.1 Mr. Milind More for Respondent No.2 CORAM : P.B.MAJMUDAR & R.M. SAVANT, JJ. DATE : 25TH AUGUST, 2011. P.C. :- 1 The above Writ Petition has been filed under Articles 226 and 227 of the Constitution of India, arises out of the proceedings adopted against the Petitioner by the Respondent No.2 under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The said proceedings are presently being heard by the Respondent No.3, who has been appointed as Estate Officer. The Learned Senior Counsel appearing for the Petitioner Mr. Thakkar states that an application for transfer of the proceedings from the Respondent No.3 to any other Estate Officer has been filed by the Petitioner inter alia on the 2 wpl-1519-11 grounds mentioned therein and principally on the ground that the Petitioner apprehends bias on the part of the Respondent No.3 against the Petitioner. 2 In our view, considering that both the Petitioner as well as the Respondent No.2 are public corporations, it would be just and proper for a fair decision that the said application filed by the Petitioner which is pending before the Secretary, Ministry of Finance, is directed to be disposed of within a particular time frame. Hence the following order: (i) The application dated 8-3-2011 filed by the Petitioner for transfer of the proceedings to be decided by the Secretary, Ministry of Finance within a period of 4 weeks from date. (ii) The Secretary, Ministry of Finance is directed to pass a speaking order either accepting or rejecting the said application. (iii)It would be open for the Petitioner to challenge the said order of the Secretary, Ministry of Finance, if the same is adverse to the Petitioner. (iv)In the mean time, pending consideration of the said application of the Petitioner, the proceedings before the Respondent No.3 would stand stayed and the stay would continue for a period of two weeks after the decision of the Secretary, Ministry Finance, if the decision is adverse to the Petitioner. (v) The Writ Petition to stand disposed of in the aforesaid terms. 3 wpl-1519-11 (vi)Mr. Rajinder Kumar, the Learned Counsel appearing for the Respondent No.1 to intimate the aforesaid developments to the concerned Ministry. (vii)The Writ to be sent forthwith to the Secretary, Ministry of Finance. (viii)Liberty to the Petitioner to apply in case of any difficulty. (R.M.Savant, J.) (P.B.Majmudar, J.)