Kasam Piru Gawali v. The Stae Of Maharashtra, Thr. Secretary Of Urban Development Dept. Mumbai And Others

WP6191-16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

Writ Petition No.6191/2016 (Kasam Piru Gawali .vs. The State of Maharashtra and others.) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mr. A.M. Ghare, Advocate for Petitioner.

Mr. N.H. Joshi, AGP for Respondent Nos. 1 and 2. CORAM : B.R. Gavai & V.M. Deshpande, JJ.

DATED : October 21, 2016.

The learned Assistant Government Pleader waives service for respondent Nos. 1 and 2.

Since no order adverse to the interest of respondent no.3 is being passed, the requirement of issuance of notice to respondent no.3 is waived. The petitioner basically challenges the show cause notice dated 19.09.2016 issued to him under the provisions of Section 55A and B of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. We find that the interest of justice would be met if it is directed that the petitioner shall participate in the proceeding on the basis of the impugned show cause notice and in the event the order passed in the said proceeding is against the interest of the petitioner, the same shall not be given effect to for a period of two weeks from

WP6191-16.odt the receipt of the communication thereof.

Writ petition is disposed of with the aforesaid order.

JUDGE JUDGE halwai