Chavan Magilal Goverdhan v. State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.5011 OF 2015 WITH CIVIL APPLICATION NO.8276 OF 2015 & CA/8277/2015 CHAVAN MAGILAL GOVERDHAN

VERSUS

STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : MR. Munde Sambhaji G. Mr.SB Yawalkar, AGP for Respondents: 1 to 3;

Mr. C D Biradar, Adv. For R/4 & 5.

__________ CORAM :

S.S.SHINDE & P.R.BORA,JJ.

DATE : 5 th February, 2016.

PER COURT :

1) Heard learned Counsel for respective parties.

2) Upon hearing the counsel learned Counsel for the parties, we are of the opinion that since the application dated 7th April, 2015 filed by the petitioner is not decided by the Chief Executive Officer, Zilla Parishad, Aurangabad on its own merits, the said authority deserves to be directed to decide the same on its own merits.

3) In the light of above, we direct the Chief Executive Officer, Zilla Parishad, Aurangabad to take appropriate decision on the said application filed by

the petitioner, as expeditiously as possible and preferably within a period of three months from today.

4) We grant liberty to the petitioner to submit all the relevant documents in support of his claim as also the judgment of this Court and relevant Government Resolutions, on which, the petitioner wishes to place reliance within three weeks from today.

5) The petitioner to appear before the Chief Executive Officer, Zilla Parishad, Aurangabad on 15th February, 2016.

6) It will be open for the concerned authority to hear the petitioner; peruse the relevant record; documents, Judgment of this Court;

relevant Government Resolutions and take an appropriate decision on merits.

7) With these observations, the petition as well as the civil applications are disposed of. .

Parties to act on authenticated copy of this order.

(P.R.BORA) (S.S.SHINDE) JUDGE JUDGE bdv/