Bilkis Bee Shaikh Asif Bagwan And Another v. The State Of Maharashtra Through The Secretary And Others

WP 9979/22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 971 WRIT PETITION NO.9979 OF 2022 BILKIS BEE SHAIKH ASIF BAGWAN AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS ...

Advocate for Petitioners : Mr. G.A. Kulkarni AGP for Respondents/State : Mr. P.K. Lakhotiya ...

CORAM : RAVINDRA V. GHUGE & ARUN R. PEDNEKER, JJ.

DATED : SEPTEMBER 29th, 2022.

PER COURT :

1.

The petitioners have put forth prayer clause 'B' as under :- B) This Hon'ble Court be pleased to issue a Writ of mandamus or a Writ in the nature o Certiorari or any other appropriate Writ, order or direction under Article 226 and 227 of the Constitution of India and give direction to Collector, Jalgaon/Respondent no. 2 to decide the Disqualification proceeding No.

Palika/SR/08/2022 filed by petitioner in a time bound manner and as expeditiously as possible without further delay.

2.

We have considered the submissions of the learned advocate for the petitioners and the learned AGP.

3.

Considering the order that we are passing, we are not issuing notice to respondent Nos. 3 to 9.

4.

The petitioners desire that respondent No. 2 should decide the disqualification proceeding as set out in the prayer clause 'B', on it's own merits, by following the due procedure laid down in law, within

WP 9979/22 a time frame.

5.

In view of the above, this petition is disposed off. We direct respondent No. 2 to decide the proceedings dated 28.3.2022 set out in the reproduced prayer clause 'B' hereinabove, on or before 31 st January, 2023 in view of the statement made by the petitioners that notices are already issued to the litigating parties and the matter was posted before the District Collector today. [ARUN R. PEDNEKER J.] [RAVINDRA V. GHUGE, J.] SSC/