Maya Vijay Khadsan And Another v. The District Collector Chhatrapati Sambhajinagar And Others

2024:BHC-AUG:29939-DB *1* 43wp13745o24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 43 WRIT PETITION NO. 13745 OF 2024 MAYA VIJAY KHADSAN AND ANOTHER

VERSUS

THE DISTRICT COLLECTOR CHHATRAPATI SAMBHAJINAGAR AND OTHERS ...

Shri Bagal Vishal A., Advocate for the Petitioners. Ms. S.S. Joshi, AGP for Respondent Nos.1, 3 and 6/State. ...

CORAM : MANGESH S. PATIL & PRAFULLA S. KHUBALKAR, JJ.

DATE : 16th December, 2024 Per Court :- The petitioners are facing disqualification pursuant to the order passed by the Collector under Section 14(1)(j-3) r/w Section 16 of the Maharashtra Village Panchayats Act, 1958. Though the petitioners have preferred a statutory appeal before the Divisional Commissioner under Section 16, they are anxious of the fact that their application for stay to the operation of the order passed by the Collector is not being considered and in the meanwhile, steps are being taken pursuant to such order of the Collector even before expiry of the statutory period. 2.

The learned AGP, on instructions, submits that

*2* 43wp13745o24 respondent No.3 Divisional Commissioner has listed the appeal for first hearing on 27.01.2025.

3.

Considering the exigencies referred to herein above, the Writ Petition is disposed of directing respondent No.3 either to prepone the date and decide the appeal finally at the earliest or shall consider the petitioners' application seeking stay to the operation of the order under challenge. Respondent No.3 shall either decide the appeal or the application for ad-interim relief/ stay, within two weeks.

kps ( PRAFULLA S. KHUBALKAR, J.) ( MANGESH S. PATIL, J.)