1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5692 of 2011 The State of Maharashtra & Others ...Petitioners Versus Shri Harish Maganlal Baijal & Others ...Respondents Mr. Ravi Kadam, Advocate General a/w. Vijay Patil, Govt. Pleader & A.B.Vagyani AGP for Petitioners. Mr. P.K.Dhakephalkar, Sr. Advocate a/w. R.R.Shetty, Pratik Sakseria i/b. L.J.Law for the Respondent No.1 Mr.Anil Anturkar a/w. S.S.Deshmukh, P.B.Gole and A.P.Chaware for the Respondent No.2 CORAM:- A.M.KHANWILKAR & R.Y.GANOO, JJ. DATED:- 27th JULY, 2011. P.C. 1. Heard learned Counsels for the parties. 2. In deference to the observation made by the Court at the time of hearing. the Counsel for the respective parties on instructions, in all 2 fairness submit that the Court may dispose of this petition without recording reasons on the following basis. i) The impugned judgment and order of the Maharashtra Administrative Tribunal dated 22nd July, 2011 in Original Application No.556 of 2001 is quashed and set aside. ii) All the parties undertake to extend full co-operation to the Tribunal for early disposal of the Original Application No.556 of 2011 as the same has already been peremptorily fixed for hearing on 1st August, 2011. The said application be heard preferably on day to day basis till its disposal, subject to the convenience of the Tribunal. iii) The Original Application No.556 of 2011 be decided on its own merits, in accordance with law, uninfluenced by any observation made in the impugned decision. We further make it clear that we have not expressed any opinion either way on the merits of the contentions to be raised by the parties in the pending original application. All questions are kept open. 3 iv) The original respondents before the Tribunal through their counsel undertake to serve the unaffirmed copy of their reply affidavit on the Advocate for the applicant before the Tribunal on or before 30th July, 2011, with liberty to file the affirmed copy in the Tribunal on 1st August, 2011. It will be open to the applicant before the Tribunal to file rejoinder affidavit on 1st August, 2011, provided the unaffirmed copy thereof is served on the Counsel for the original respondents before the Tribunal, by 31st July, 2011. 3. In the event the Original Application succeeds and if the petitioners herein make a request for keeping the operative order in abeyance to enable them to challenge the decision of the Tribunal, we hope and trust that the Tribunal will consider the said request appropriately. 4. Petition is disposed of in the above terms. (R.Y.GANOO, J.) (A.M.KHANWILKAR, J.)