Shri. Rangadaswami Shikshan Vikas Mandal , Through Its President v. The Municipal Commissioner , Pimpri Chinchwad Municipal Corporation And ORS.

910-WP-7723-17.doc Sharayu.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7723 OF 2017 Shri Rangadaswami Shikshan Vikas Mandal

...Petitioner

Versus

The Municipal Commissioner Pimpri Chinchwad Municipal Corporation & Ors.

...Respondents

---------- Mr. D.S. Mhaispurkar, for the Petitioner.

Mr. D.R. More, for the Respondents No. 1 and 2. Mr. A.P. Vanarase, AGP, for the Respondent-State. ---------- CORAM :

SMT. VASANTI A NAIK AND RIYAZ I. CHAGLA, JJ.

DATE :

24 November 2017 ORDER :

Heard.

The learned counsel for the respondent Nos. 1 and 2 raises a preliminary objection to the tenability of the writ petition. It is stated that instead of availing the alternate remedy under Section 406 of the Maharashtra Provincial Municipal Corporation Act, 1949, the petitioner 1/2

910-WP-7723-17.doc has filed the instant petition.

In view of the preliminary objection raised on behalf of the respondent Nos. 1 and 2, the learned counsel for the petitioners states that the petitioner would avail the alternate remedy. It is stated that the points raised in the writ petition may be kept open and the ad-interim relief granted by this court on 11th July 2017 may be continued for some time, so that the petitioner could file an appropriate application before the commissioner for grant of interim relief till the representation of the petitioner is decided.

The request made on behalf of the petitioner is just and reasonable. Hence, we dispose of the writ petition by keeping the points raised in the petition open. The petitioner may avail the alternate remedy. The ad-interim relief granted on 11th July 2017 would operate for a period of six weeks.

Order accordingly. No costs.

[RIYAZ I. CHAGLA J.] [SMT. VASANTI A NAIK, J.] 2/2