Mahananda Baliram Tandale v. The State Of Maharashtra And Others

1 wp 11115.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11115 OF 2014 Mahananda Baliram Tandale .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Balbhim R. Kedar, Advocate for the Petitioner. Shri D. B. Bhange, A.G.P. for the Respondent N. 1. Shri D. S. Mali, Advocate for Respondent Nos. 2 to 5. CORAM : S. V. GANGAPURWALA AND V. L ACHLIYA, JJ.

DATE : O3RD MARCH, 2015.

PER COURT :

.

The learned counsel for the Zilla Parishad raises an objection that the petitioner has got a remedy before the Commissioner.

2.

Mr. Kedar, the learned counsel for the petitioner states that, the petitioner had availed that remedy in the month of August 2014. As per the policy and the rules, the Commissioner is required to decide the said objection within 10 days. The same is not yet decided.

3.

As the objection is already raised before the Commissioner,

2 wp 11115.14 we are not entering into merits of the contentions advanced by learned counsel for respective parties. The interest of justice would be sub served by passing following order. 4.

The respondent No. 1/Divisional Commissioner shall decide the objection filed by the petitioner expeditiously and preferably within a period of fifteen (15) days from the date of appearance of parties, by considering the relevant rules, policy and instructions. The interested parties can present themselves before the Commissioner. The parties may appear before the Commissioner on 10.03.2015. It is made clear that contention of respective parties are kept open. The writ petition is disposed of. No costs.

[ V. L ACHLIYA, J. ] [ S. V. GANGAPURWALA, J. ] bsb/March 15