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Bombay High CourtWP/5389/2016dispossed offdismiss for default

Amar S/O Shriram Tarare v. State Of Maharashtra, Rural Development And Water Resources Dept. Thr. Secretary, Mumbai And Others

2016-09-21Hon'Ble Shri Justice B.R. Gavai,Hon'Ble Shri Justice V.M. Deshpande2 pages

21.09.5389.16

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 5389/2016 (Shri Amar s/o Shriram Tarare vs. State of Maharashtra and others ) .............................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mr. S.R.Bhongade, Advocate for the petitioner Mrs. Kalyani Deshpande, Assistant Government Pleader for Respondent Nos. 1 and 2.

CORAM : B.R. GAVAI & V.M. DESHPANDE, JJ DATED : 21st September, 2016 Heard.

Respondent no. 3 being a formal party, the requirement of issuance of notice to her stands waived.

The limited grievance raised in the Petition is that though the Appeal filed by the respondent no.3 challenging her disqualification from the post of Sarpanch, is pending for almost a period of ten months, the respondent no.1 has not finally decided the same and, as such, the respondent no.3 is enjoying the said post even after she has been held to be disqualified. In the facts and circumstances of the case, we dispose of the Writ Petition, with a direction to the respondent no.1 to decide the Appeal filed by the respondent no.3, in accordance with law, after giving an opportunity of hearing to the party, as early as possible and, in any case, within two months from today.

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21.09.5389.16 C E R T I F I C A T E "

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