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Bombay High CourtWP/7431/2014disposed off

Shri. Chandrakant Bhiku Mhatre And ORS v. The Chief Officer, Kulgaon Badlapur Municipal Council And ORS

2015-03-11Hon'Ble Shri Justice A. K. Menon,Hon'Ble Shri Justice A.S. Oka2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7431 OF 2014 Shri. Chandrakant Bhiku Mhatre and Ors.

... Petitioners Vs.

The Chief Officer and Ors.

... Respondents Mr. Virendra Pethe, for the Petitioners.

Mr. Dinesh P. Adsule, for the Respondent No.1. Mr. V.S. Gokhale, AGP, for the Respondent Nos. 2 to 5. CORAM : A.S. OKA & A.K. MENON, JJ.

DATE : 11th MARCH, 2015 P.C.

.

Heard the learned counsel appearing for the Petitioners, the learned AGP for the second to fifth Respondents and the learned counsel appearing for the first Respondent. The challenge in this Petition is to the show cause notices issued to the Petitioners under Section 42 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. The learned counsel appearing for the Petitioners states that no orders have been passed on the basis of the said notices as of today. In view of this statement, we need not keep the Petition pending. Hence, we pass the following order :-

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ORDER

(i) We direct the State Government to pass appropriate orders in accordance with law on the show cause notices dated 2 nd June, 2014 as expeditiously as possible;

(ii) The orders passed on the show cause notices be communicated to the Petitioners. If the said orders be adverse to the Petitioners, the same shall not be implemented for a period of four weeks from the date on which the same is served to the Petitioners or one of them;

(iii) All contentions on merits of the pending show cause notices are kept open;

(iv) Petition is disposed of on above terms;

(v) All concerned to act upon an authenticated copy of this order.

(A.K. MENON, J ) (A.S. OKA, J )