Vinayak Laxmanrao Hiwale v. State Of Maharashtra And Others

wp2994.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 2994 OF 2015 Vinayak s/o Laxmanrao Hiwale .. PETITIONER

VERSUS

The State of Maharashtra & others .. RESPONDENTS Mr. S.S. Thombre, advocate for petitioner.

Mrs. A.V. Gondhalekar, AGP for the State.

===== CORAM : R.M. BORDE & V. K. JADHAV JJ.

DATE : 18th MARCH, 2015.

PER COURT :

1.

Learned AGP for State places on record order issued by the State Election Commission on 24.02.2015 whereunder it has been directed to the State Government not to change the existing boundaries of Aurangabad Municipal Corporation taking into consideration the mandate of Article 243(z)(a) of the Constitution of India as well as section 14 of the Maharashtra Municipal Corporation Act. Purusant to the order issued by the State Election Commission, the State of Maharashtra has also issued an order on 24.02.2015 thereby suspending the process of inclusion of Satara and Deolali municipal council area into Aurangabad Municipal Corporation, initiated in pursuance to the notification issued on 10.03.2015. It is clarified in the order issued by the State Government that the final notification shall not be issued in pursuance to the preliminary notification dated 10.03.2015. Copies of the orders issued by the State Election Commission as well as State of Maharashtra are taken on record and

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2.

In view of the development pointed out by the learned AGP during the continuance of the petition, grievance raised by petitioner in the instant petition does not deserve consideration. Writ petition stands disposed of accordingly with liberty to petitioner to raise appropriate challenge at an appropriate stage.

3.

In view of disposal of writ petition, civil application seeking intervention in the matter does not deserve consideration and stands disposed of.

( V.K. JADHAV ) ( R. M. BORDE ) JUDGE JUDGE dyb