Dattatraya Bhimrao Karhe And Anothers v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 44 WRIT PETITION NO.9943 OF 2015 DATTATRAYA BHIMRAO KARHE AND ANOTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. Kokate Madan S. Mr. SD Kaldate, AGP for Respondents: 1;

Mr. S S Dambe, Adv. for R/2 & 3.

__________ CORAM :

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

DATE : 23 rd November, 2015.

PER COURT :

1) Heard learned counsel for the parties.

2) Learned counsel for the petitioners, at the outset, submits that this Court has disposed of few petitions with similar prayer and identical facts. He placed one of such order on record, dated 31st March, 2011 passed in Writ Petition Nos.10933/2010, 11109/201, 122/2011, 127/2011 and 1998/2011, and submitted that similar order may be passed in this petition also. Learned counsel for the respondent - Zilla Parishad has no objection for disposing of this petition also in terms of order dated 31st March, 2011 passed in above-mentioned writ petitions. Hence, we pass the following order.

ORDER

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The Petitioners are allowed to make a representation to the Chief Executive Officer Zilla

Parishad, Beed for the prayer, as made in the present writ petition, with all the supporting documents, and more particularly, the judgment of this Court dated 13th October, 2010 in a group of three writ petitions (W.P.Nos. 2254/2010, 4447/2010 and 4449/2010) within a period of four weeks from today. If the representations, as aforementioned, are made by the petitioners, the Chief Executive Officer Zilla Parishad, Beed, to consider their representations on merits in accordance with law and in the light of the observations made by this court in the judgment dated 13th October, 2010 in a group of aforementioned three writ petitions, as expeditiously as possible, and preferably, within a period of six months from the date of receipt of their representations. The Chief Executive Officer, Zilla Parishad, Beed to pass separate speaking order on representations made by the Petitioners in this writ petition, and communicate the same to the respective petitioners, within a period of two weeks from the date of passing the final order.

.

If for any reason, the Chief Executive Officer, Zilla Parishad, Beed is not inclined to allow the petitioners' representations for the prayer made therein, he shall give an opportunity of being heard to the petitioners before passing a final order. All contentions of the parties are kept open. It is also open to the petitioners to place, along with the representations, a copy of the writ petition with all annexures thereto and the reply-affidavits with all annexures thereto, before the Chief Executive Officer, Zilla Parishad, Beed.

3) With these observations, the writ petition is disposed of.

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