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Bombay High CourtWP/742/2019disposed offdismissed for default

Shivnarayan Raghuveersingh Bahot And ORS v. The Commissioner Aurangabad Municipal Council Aurangabad

2019-02-14Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice S. M. Gavhane2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.742 OF 2019 SHIVNARAYAN RAGHUVEERSINGH BAHOT AND ORS

VERSUS

THE COMMISSIONER AURANGABAD MUNICIPAL COUNCIL AURANGABAD Mr. G.J. Pahilwan, Advocate for the petitioners Mr. K.N. Lokhande, AGP for the respondents/State. CORAM : PRASANNA B. VARALE & S.M.GAVHANE,JJ.

DATED :

14.02.2019 P.C. :- 1.

Heard learned counsel for the petitioners.

2.

Learned counsel for the petitioners submits that the petitioners are pressing in service in the prayer clause (B) and thereby the petitioners are seeking direction to respondent No.1 to decide the applications/reminders filed by the petitioners. Perused the applications and reminders. By way of the first application dated 05.01.2016 (copy of the same is placed on record) the petitioners submit that Kartarbai Raghuveersing Bohat is a retired employee of the Aurangabad Municipal Corporation. It is stated that the house property of the petitioner was acquired and alternate occupation was promised to be provided to the petitioners in lieu of monetary compensation but the authorities are not paying any heed to the request of the petitioners for compliance of their assurances. The copies of the reminders are also placed on record and 1/ 2

( 2 ) wp742.19 these reminders are dated 03.02.2018 and 06.02.2018. 3.

Considering the facts that the petitioners have approached respondent No.1 by way of the representation and reminders and the representation/reminders are still pending before the authority for consideration, we see no impediment to dispose the petition at the admission stage with directions to respondent No.1 to decide the representation dated 05.01.2016, if it is not already decided.

4.

We further make it clear that this Court has not expressed any opinion about the entitlement and right of the petitioners and respondent No.1 is at liberty to verify and assess these aspects and to decide the representation on its own merits, as expeditiously as possible and not later than 12 weeks from the date of order of this Court.

5.

With above directions, the writ petition is disposed of.

[S.M.GAVHANE,J.] [PRASANNA B. VARALE,J.] / .19 ssp Feb /wp742.19 2/ 2