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Bombay High CourtWP/665/2015admittedallowedgrantedrule absolute

Ghanshyamdas Motilalji Soni And Others v. The State Of Maharashtra And Another

2015-01-19Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice P.R. Bora2 pages

{1} wp 665.15.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.665 OF 2015 Ghanshyamdas Motilalji Soni and others Petitioners

Versus

The State of Maharashtra and another Respondents Mr.P.M.Shah, Sr.Advocate h/f Mr. Rathi S.S. advocate for the petitioner Mr.V.A.Shinde, AGP for Respondent State CORAM : R.M. BORDE & P.R. BORA, JJ Dated : 19th January, 2015.

ORAL JUDGMENT (Per: R.M.Borde, J) Rule. Rule returnable forth with. Heard finally with the consent of the parties.

This petition can be disposed of by issuing directions to the State Government to take decision on the pending appeal presented by the petitioner, challenging the order of remand issued by the Commissioner on 5.8.2006 as expeditiously as possible and preferably within a period of six months and it is accordingly directed.

{2} wp 665.15.odt In the mean while, the Collector, Parbhani shall not take any adverse action against the petitioner and the proceedings pending before the Collector in view of the order of remand passed by the Additional Commissioner, Aurangabad by an order dated 4.5.2007/5.6.2007 shall remain stayed. In view of the order as above, the show cause notice issued by the Collector on 2.1.2015 also shall stand quashed and set aside.

It would be open for the Collector and the other authorities to take appropriate steps depending upon the outcome of the appeal presented by the petitioner with the State Government. Rule is made absolutely accordingly.

(P.R. BORA, J) (R.M.BORDE, J) vbd