Yasminbi Fakira Baig v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1702 OF 2019 Yasminbi Fakira Baig Age 44, Occu Household R/o Near Urdu Balwadi Islampura, Chalisgaon Tq. Chalishgaon, Dist. Jalgaon ..PETITIONER

VERSUS

1.

The State of Maharashtra Through its Principal Secretary, Urban Development Department Mantralaya, Mumbai - 32 2.

The Hon'ble Minister for Urban Development Department Mantralaya, Mumbai -31 3.

The Collector, Jalgaon Dist. Jalgaon 4.

The Chief Officer Municipal Council, Chalisgaon Tq. Chalisgaon, Dist. Jalgaon.

5.

Pramilabai Aba Chaudhary Age 44 years, Occ. Household R/o Teli Galli, Chalisgaon, Tq. Chalisgaon, Dist. Jalgaon.

..RESPONDENTS Mr Ajeet B. Kale, Advocate for petitioner;

Mrs V. N. Patil-Jadhav, AGP for respondent Nos.1 to 3 CORAM : PRASANNA B. VARALE AND NITIN W. SAMBRE, JJ.

DATE : 12th March, 2019

(2) ORAL ORDER:

Mr Kale, learned Counsel appearing on behalf of the petitioner submits that in earlier round of litigation before this Court in Writ Petition No.2631 of 2018, by an order dated 9th March, 2018, the Division Bench of this Court directed respondent nos.1 & 2 to take decision of the appeal tendered by the petitioner within stipulated period of three months from the date of the order. 2.

The petitioner had submitted an appeal before the Honourable Minister. A copy of the said appeal is also placed on record. The Counsel, by inviting our attention to the copy of the appeal memo submitted that though a prayer for stay is also made in the appeal, a separate application for stay is also filed. Copy of the said application is placed on record at Exh.G.

3.

The only grievance is, neither the order is passed on the application for stay nor the appeal is taken up expeditiously for hearing/disposal. This being the only grievance raised in the petition, the petition is taken up for disposal by consent of the parties. 4.

Issue notice to respondents, returnable forthwith.

(3) 5.

Learned A.G.P. waives service of notice on behalf of respondent nos.1 to 3.

6.

Respondent nos.1 & 2 are directed to take appropriate steps in early disposal of the appeal. If an application is already submitted to the authority for grant of stay, necessary orders be passed on the said application as early as possible and not later than three weeks from the date of receipt of the order of this Court, needless to state on merits of the application.

With aforesaid directions, writ petition stands disposed of. (NITIN W SAMBRE, J.) (PRASANNA B. VARALE, J.) amj