Sharad Namdeo Pawar And Another v. The District Collector Nanded And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 WRIT PETITION NO.5614 OF 2023 SHARAD NAMDEO PAWAR AND ANOTHER

VERSUS

THE DISTRICT COLLECTOR NANDED AND OTHERS ...

Sr. Advocate for Petitioners : Mr. Pravin Mandlik h/f. Anerao Panditrao S. GP for Respondents/State : Mr. D.R. Kale ...

CORAM : Y.G. KHOBRAGADE, J.

(Vacation Court) DATE : 25.05.2023 P.C. :

1.

The learned counsel appearing for the petitioners seek leave to withdraw the petition with liberty to approach before the State Government under Section 7(3) of the Maharashtra Local Authority Members' Disqualification Act, 1986.

2.

It is submitted that by the present petition the petitioners challenges the order dated 19.05.2023 passed by the respondent no.1Collector, Nanded under the provisions of Section 16 of the Maharashtra Municipal Councils Nagar Panchayats and Industrial Townships Act, 1965 and Section 3(1) (b) of the Maharashtra Local Authority Members' Disqualification Act, 1986. Section 7 (3) provides that any person aggrieved by the decision of the Commissioner or the Collector under the said act appeal lies to the State Government within a period of 90 days as

911 wp 5619.23.odt the case may be.

3.

Therefore, considering that alternate remedy is available to the petitioners, the petitioners are permitted to withdraw the present petition with liberty to approach before the State Government under Section 7(3) of the Maharashtra Local Authority Members' Disqualification Act, 1986. After lodging of the appeal by the petitioners, the State Government is directed to decide the appeal as early as possible within a period of eight weeks. Writ Petition is disposed of as withdrawn. (Y.G. KHOBRAGADE, J.) mub