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Bombay High CourtWP/187/2025disposed off

Vimal Shivaji Deshmukh v. The State Of Maharashtra And Others

2025-01-07Hon'Ble Shri Justice Kishore C. Sant2 pages

2025:BHC-AUG:285 ( 1 ) wp187.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 902 WRIT PETITION NO. 187 OF 2025 VIMAL SHIVAJI DESHMUKH

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr.S.A. Patil, Advocate for the petitioner.

Mr.K.B. Jadhavar, AGP for the respondent-State.

CORAM

: KISHORE C. SANT, J.

DATE : 07.01.2025 PC :- 01.

Heard learned Advocate for the petitioner and learned AGP for the respondent. The only grievance raised in this petition is that the petitioners, though filed an appeal on 17.02.2024 along with stay application, the State has not passed an order on the stay application in the said appeal. The petitioner is an elected Sarpanch, who is held to be disqualified under section 39(1) of the Maharashtra Village Panchayats Act. The apprehension of the petitioner is that the authorities may fill up post of Sarpanch any time. Till today no date is given for filling up the post. The petitioner has also filed application on 17.12.2024, requesting to pass order on stay application. It is submission of the petitioner that inspite of the same, no order is being passed on the stay application. In view of the same, this Court finds that this petition can be disposed off with following directions.

( 2 ) wp187.25

O R D E R

(i) The respondent - State is requested to pass order on the stay application before 21.01.2025 and for that purpose the petitioner to make request again to the respondent-State for taking up the stay application for hearing and passing necessary orders.

(ii) The writ petition is accordingly disposed off with no order as to costs.

[KISHORE C. SANT, J.] snk/2025/jan25/wp187.25