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Bombay High CourtWP/10584/2016disposed off

Smt. Shobha Anand Bagade v. State Of Maharashtra Through Its Secretary, Social Justice Dept. And ORS.

2017-06-12Hon'Ble Smt. Justice Vibha Vasant Kankanwadi,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.10584 OF 2016 Smt. Shobha Anand Bagade ... Petitioner Vs.

State of Maharashtra and Ors.

... Respondents Mr. C.K. Bhangoji i/by Mr. R.K. Mendadkar for the Petitioner. Mr. Manish M. Pabale, AGP for the Respondent Nos.1 to 4. CORAM : A.S. OKA & SMT. VIBHA KANKANWADI, JJ.

DATE : 12th JUNE, 2017 P.C.

Heard the learned counsel appearing for the petitioner and the learned AGP for the State. The challenge in this Petition under Article 226 of the Constitution of India is to the show cause notice issued by the Additional Collector calling upon the petitioner to show cause as to why the petitioner should not be disqualified by exercising powers under Section 10-1-A of the Maharashtra Village Panchayats Act, 1958. As the challenge is to the show cause notice to which the reply is already filed, this Petition need not be kept pending and accordingly, the same is disposed of by passing the following order :-

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ORDER

(i) It will be open for the Collector to pass appropriate order on the show cause notice which is impugned in this Petition after giving an opportunity of being heard to all concerned persons;

(ii) The District Collector shall decide the show cause notice within a period of four months from today. The order passed on the show cause notice be communicated to the petitioner. If the said order be adverse to the petitioner, the same shall not be implemented for a period of six weeks from the date on which the order is communicated to the petitioner;

(iii) All contentions raised by the petitioner by way of reply to the show cause notice are expressly kept open; (iv) Writ Petition is disposed of on above terms. (v) All concerned to act upon an authenticated copy of this order.

(SMT. VIBHA KANKANWADI, J) (A.S. OKA, J)