1 wp8864.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8864 OF 2010 KJ Gangadhar Narayanrao Ughade )..Petitioner Vs. State of Maharashtra & Ors. )..Respondents ---- Mr.R.K.Mendadkar for the petitioner. Mr.S.R.Nargolkar AGP for respondent nos.1 to 4. Mr.Sanjay Kshirsagar for the respondent. ---- CORAM : A.M.KHANWILKAR & MRS.MRIDULA BHATKAR,JJ DATE : 10/3/2011. PC 1 Rule. Rule made returnable forthwith by consent. Counsel for the respondents waives service. 2 This petition under Article 226 of the Constitution of India takes exception to the judgment and order passed by the 2 wp8864.10.sxw Maharashtra Administrative Tribunal, Mumbai bench dated 15.10.2010 in Original Application No.303 of 2010. 3 For the nature of order that we propose to pass, it is not necessary to burden this judgment with the factual aspect of the case. Suffice it to observe that by the impugned decision, the Original Application No.303 of 2010 filed by the respondent no.5 came to be partly allowed and the order which was operating in favour of the petitioner dated 21.8.2009 as also the consequential orders dated 29.9.2009 and 31.9.2009 came to be set aside on the ground that the initial order was passed by authority was questionable-so the said authority was not competent to entertain the proceedings filed by the petitioner, not being the appellate authority. 4 In the Original Application, preliminary objection was raised by the petitioner about the maintainability thereof at the instance of respondent no.5 herein on the ground that respondent no.1 has had no locus standi to pursue the remedy against the petitioner. 3 wp8864.10.sxw That objection has been specifically taken in the reply affidavit. However, in the entire judgment which is impugned in the petition, that issue has not been addressed by the Tribunal at all. If the said issue was to be answered in favour of the petitioner, the question of setting aside the orders which were operating in favour of the petitioner would not arise. The Original Application itself would fail on that count. However, in the event the said preliminary objection were to be answered against the petitioner, the Tribunal could have then proceeded to answer the issue on merits as has been examined in paragraph-10 of the impugned decision. 5 In this view of the matter, we are inclined to set aside the impugned decision and remand the matter back to the Tribunal for reconsideration of the Original Application No.303 of 2010. Mr.Nargolkar AGP for the respondent nos.1 to 4 however, submitted that no fruitful purpose would be served by remanding the matter in as much as the Tribunal has already observed that the order which has been passed in favour of the petitioner dated 4 wp8864.10.sxw 21.8.2009, has been passed by an authority who was not competent to entertain the said proceedings filed by the petitioner. We are not impressed by this submission, in as much as if the original applicant /respondent no.1 has no locus standi, the question of examining the controversy on merits would not arise at all. It would be a different matter if the competent person were to challenge the order dated 21.8.2009 and consequential orders passed. If he were to come forward to challenge, the Tribunal would get the authority to examine that challenge. In that sense, the locus to challenge the decision operating in favour of the opposite party is a jurisdictional fact. 6 Suffice it to observe that the decision of the Tribunal which is impugned in this petition cannot stand the test of judicial scrutiny. The same is set aside and the Original Application No. 303 of 2010 is restored to the file of Maharashtra Administrative Tribunal, Mumbai Bench for being decided afresh on its own merits and in accordance with law. The same be disposed of as expeditiously as possible, preferably not later than three months. 5 wp8864.10.sxw We once again make it clear that all questions are left open to be considered by the Tribunal on its own merits and in accordance with law. Ordered accordingly. (MRS.MRIDULA BHATKAR,J) (A.M.KHANWILKAR,J)