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Bombay High CourtWP/15880/2023disposed off

Rupali Vijay Karle v. State Of Maharashtra Thr. Principal Secretary Rural Development Department And ORS

2023-12-20Hon'Ble Shri Justice Madhav J. Jamdar3 pages

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15880 OF 2023 Rupali Vijay Karle .Petitioner Vs.

The State of Maharashtra through the Principal .Respondents Secretary, Mumbai & ors.

Mr. Drupad S. Patil a/w. Mr. N. S. Pansare, Advocate, for the Petitioner Mr. P. G. Sawant, AGP, for the Respondent - State Mr. Tushar Sonawane a/w. Mr. Ritwik Joshi, Advocate, for Respondent Nos. 3 to 8

CORAM

:

MADHAV J. JAMDAR, J.

DATE :

20.12.2023 P. C.

1.

Heard Mr. Patil, learned Counsel appearing for the Petitioner, Mr. Sawant, learned AGP appearing for the Respondent - State and Mr. Sonawane, learned Counsel appearing for Respondent Nos. 3 to 8.

2.

By the present Petition fled under Article 227 of the Constitution of India, the Petitioner is challenging the legality and validity of the Order dated 03.11.2023 passed by the Divisional Commissioner, Pune Division, Pune in Vikas/Gram Panchayat/SR-22/2023.

3.

Mr. Patil submitted that the Appeal has been fled before the State Government under Section 39(3) of the Maharashtra Village Panchayats Act challenging the same order dated 03.11.2023 and as the said Appeal as well as Stay Application fled in the Appeal have not been considered, the present Writ Petition is fled.

4.

Mr. Sonawane, learned Counsel appearing for Respondent Nos. 3 to 8 submitted that his client has received notice dated 19.12.2023. He tenders two separate letters dated 19.12.2023 issued by the Desk Offcer, Government of Maharashtra (Rural Development Department) bearing same outward number informing that the Hon'ble Minister will hear the Appeal through video conferencing on 20.12.2023 at 3.00 p. m..

5.

In view of this, nothing survives for consideration in the present Writ Petition.

6.

However, till the Hon'ble Minister decides the Appeal and for seven days thereafter, the Order dated 03.11.2023

passed by the Divisional Commissioner, Pune Division, Pune in Vikas/Gram Panchayat/SR-22/2023 shall not be implemented. 7.

It is clarifed that this Court has not considered the merits and contentions on merits of all the parties are expressly kept open.

8.

The Writ Petition is disposed of subject to above. (MADHAV J. JAMDAR, J.)