Shankar Maruti Thavare v. State Of Maharashtra And ORS

wp-5659.17.odt pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5659 OF 2017 Shankar Maruti Thavare ... Petitioner Vs.

State of Maharashtra and Ors.

... Respondents Mr. C.K. Bhangogi i/by Mr. R.K. Mendadkar for the Petitioner. Mr. A.A. Alaspurkar, AGP for the Respondent - State. CORAM : A.S. OKA & SMT. VIBHA KANKANWADI, JJ.

DATE :

17th JULY, 2017 P.C.

The learned AGP states that on the basis of show cause notice dated 3rd June, 2016 the Additional Collector, Satara has not passed any order in view of pendency of this Petition. This petition is directed against the said show cause notice by which the petitioner was called upon to remain present for hearing for the purposes of deciding whether the petitioner has incurred disqualification under Section 10-1A under the Maharashtra Village Panchayats Act, 1958. The learned AGP states that no further steps have been taken on the basis of the said show cause notice as the present Petition is pending.

wp-5659.17.odt Hence, we need not keep the Petition pending and we pass the following order :-

ORDER

(i) The Additional Collector, Satara shall proceed to pass appropriate order in accordance with law after giving an opportunity of being heard to the petitioner; (ii) Order passed by the Additional Collector shall be communicated to the petitioner;

(iii) If the order be adverse to the petitioner, the same shall not be given effect for a period of 15 days from the date on which the order is served to the petitioner; (iv) All contentions on merits are kept open; (v) The Petition is disposed of on above terms. (SMT. VIBHA KANKANWADI, J) (A.S. OKA, J)