Rajendra S/O Suryabhan Dhabarde v. The Regional Director Of Municipal Administration/Divisional Commissioner, Nagpur And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 3432 OF 2020 Rajendra s/o Suryabhan Dhabarde, Aged about 57 years, Occ : Service, R/o Chandrashekhar Ward, Shree Nagar, Gondia, Tah. and District - Gondia.

... PETITIONER V E R S U S 1.The Regional Director of Municipal Administration / Divisional Commissioner, Nagpur Division, Old Secreteriat Building, Civil Lines, Nagpur.

2.Municipal Council, Gondia, Through its Chief officer, District - Gondia.

3.Ku. Anita d/o Chandrashekhar Joshi, Aged about 50 years, Occ. Service, R/o. C/o. Pathak Ayurvedic Pharmacy Rail Toli, Gondia, Tah. and District Gondia.

4.Education Officer (Secondary), Zilla Parishad, Gondia, Tah. and District - Gondia.

... RESPONDENTS ------------------------------------------------------------------------------------------- Shri I. N. Choudhari, Advocate for petitioner. Shri A. R. Chutke, Assistant Government Pleader for respondent Nos.1 and 4.

Shri G. G. Bade, Advocate for respondent No.2. Shri K. Chiwarkar, Advocate h/f Shri Anand Parchure, Advocate for respondent No.3.

------------------------------------------------------------------------------------------- CORAM : A.S. CHANDURKAR AND G. A. SANAP, JJ.

DATED : 16/12/2021 ORAL JUDGMENT : (PER A.S. CHANDURKAR, J.)

1.

Rule. Rule made returnable forthwith. Heard finally with the consent of learned counsel for the parties. 2.

The challenge raised in this writ petition is to the order dated 01/10/2019 by which the Chief Officer, Municipal Council, Gondia has promoted the respondent No.3 to the post of Headmistress in the school conducted by Municipal Council. 3.

It is the case of the petitioner that he has filed a revision application under Section 318 of the Maharashtra (Municipal Councils), (Nagar Panchayats and Industrial Townships) Act, 1965 before the Regional Director of Municipal Administration on 22/10/2019. During the pendency of the said proceedings, the appointment of the respondent No.3 came to be approved on 20/11/2019.

4.

In this backdrop, the learned counsel for the petitioner restricts the relief in the present writ petition in terms of prayer clause (ii) which is a direction for expeditious disposal of the revision application.

5.

We have heard the learned counsel for the parties. We find that at this stage, interest of justice would be served if the

respondent No.1 is directed to decide the revision application filed by the petitioner on 22/10/2019, if the same has not yet been decided till today.

6.

To facilitate the adjudication of that revision application, the petitioner as well as respondent No.3 through their respective counsel can remain present before the Regional Director of Municipal Administration, Nagpur on 04/01/2022. The respondent No.1 to take necessary steps to expeditiously decide the said proceedings and preferably within a period of three months from the first date of appearance of the parties. All points raised in the writ petition are kept open for being raised before the respondent no.1.

7.

With these directions, writ petition is disposed of. Rule accordingly. No costs.

(G. A. SANAP, J.) (A.S. CHANDURKAR, J.) Choulwar VITHAL MAROTRAO CHOULWAR VITHAL MAROTRAO CHOULWAR Date: 2021.12.20 18:42:33 +0530