Bhanudas S/O Gunpat Waghaye v. Municipal Council Bhandara Through Its Chief Officer And 2 Others

1103wp557.16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

Writ Petition No. 557 of 2016 Bhanudas s/o Ganpat Waghaye v.

Mpl. Council, Bhandara, thr. Its Chief Officer & ors. ------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------ Mr. Firdos Mirza Advocate for Petitioner.

....

Coram : Smt. Vasanti A. Naik & V.M. Deshpande, JJ.

Date : 11th March, 2016.

By this writ petition, the petitioner impugns the order of the respondent- Nagar Parishad, Bhandara, dated 22.1.2016 appointing the respondent no. 2 on the post of Head Master and removing the petitioner from the said post. The petitioner is also challenging the resolution of the Nagar Parishad, Bhandara, dated 11.8.2015.

The learned counsel for the respondent no. 1 raises a preliminary objection to the tenability of the writ petition on the ground of availability of an alternate remedy. It is stated that the petitioner could have filed a Revision before the State Government against the impugned order. It is stated that without availing the alternate remedy the petitioner has rushed to this Court.

Shri Mirza, the learned counsel for the petitioner, states that the petitioner would avail the alternate remedy and the ad interim relief granted by this Court on 28.1.2016 may be continued for a period of three weeks.

In view of the aforesaid, by upholding the preliminary

1103wp557.16 objection raised on behalf of the respondent, we decline to entertain the writ petition. However, at the request of the learned counsel for the petitioner, we continue the ad interim relief for a period of three weeks. The points raised in the petition are kept open. Order accordingly. No costs.

Judge Judge /TA/