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Bombay High CourtWP/9744/2018disposed offdismissed for default

Shrikant Shashikant Patil And Others v. The State Of Maharashtra And Another

2018-10-20Hon'Ble Shri Justice Ravindra V. Ghuge3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9744 OF 2018 SHRIKANT SHASHIKANT PATIL AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for the Petitioners : Shri S. G. Chapalgaonkar AGP for Respondent No.1 : Shri S. R. Yadav- Lonikar Advocate for Respondent No.2 : Shri R. R. Raghuwanshi h/f. Shri P. D. Bachate.

...

CORAM : RAVINDRA V. GHUGE, J.

DATED : 20th OCTOBER, 2018.

...

PER COURT :

1.

On 24/08/2018, this Court had passed an order. Paragraph Nos. 3 and 4 of the said order read as under :- ''3.

The learned AGP has taken instructions from the learned District Collector and submits that the order has not yet been pronounced.

4.

Considering the above, issue notice before admission to the respondents, returnable on 19.09.2018. The learned AGP waives service for respondent No.1. Hamdast, on request, is granted. Besides the Court service, the petitioners can serve respondent No.2 by Speed Post A.D. and submit a service affidavit along with a copy of the tracking report of the Post and Telegraph Department.''

2.

The learned AGP submits that considering the directions of this Court, the District Collector is yet to decide the pending proceedings.

3.

The learned Advocate for the contesting respondent No. 2 strenuously submits that the petitioners have an habit of adjourning the matters. As they are the elected representatives, they intend to delay the matter.

4.

The learned Advocate for the petitioners submit that on any given date, they would enter their written say, or documents and their written notes of submissions and thereafter the concerned authority will close the matter for delivering its order.

5.

In view of the above, this petition is disposed off. The litigating sides shall appear before the District Collector on 29/10/2018 at 11.00 a.m. The petitioners shall tender their written say along with all documents, as well as, their written notes of submissions. The contesting respondents are also at

liberty to file their written notes of submissions. The District Collector would deliver a reasoned order after hearing all the sides on or before 30/11/2018, keeping in view the intent and object of Section 14B(1) (a and b) of the Maharashtra Village Panchayats Act.

(RAVINDRA V. GHUGE, J.) shp/-