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Bombay High CourtWP/2982/2018disposedoff

Archana Santosh Taley, Member, Municipal Council, Khamgaon v. The Divisional Commissioner, Amravati/The Regional Director Of Municipal Administration And Others

2018-08-27Hon'Ble Shri Justice Sunil B. Shukre2 pages

wp.2982.18 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.2982 of 2018 Archana Santosh Taley, Member, Municipal Council, Khamgaon. vs.

The Divisional Commissioner, Amravati Division, Amravati & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- OfÏce notes, OfÏce Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Shri S.M. Vaishnav, Advocate for the Petitioner. Shri V.P. Maldhure, A.G.P. for Respondent Nos.1 & 2 Shri A.D. Bhate, Advocate for Respondent Nos.3 & 4. Shri Rahul Dhande, Advocate for Respondent No.5.

CORAM

: S.B. SHUKRE, J.

DATE : 27 th AUGUST, 2018.

Shri V.P. Maldhure, learned A.G.P. appearing for respondent Nos.1 & 2 and Shri Rahul Dhande, learned Counsel appearing for respondent No.5 point out that appeal under Section 318 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 has been already filed by the petitioner and, therefore, this petition for raising the same grievance is not maintainable.

According to the learned Counsel for the petitioner, no effective hearing is being held in the appeal that has been filed by the petitioner and that he is suffering great loss.

As the appeal has already been filed, the petition would not be maintainable. At the most,

wp.2982.18 2/2 respondent No.1 should be directed to decide the appeal as expeditiously as possible.

The petition is dismissed as not maintainable. Respondent No.1 is directed to decide the appeal as expeditiously as possible preferably within two weeks from the date of appearance of the parties before him. Parties to appear before him on 11th September, 2018.

The petition is disposed of accordingly.

JUDGE *sandesh