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Bombay High CourtWP/7927/2019disposedoff

Sau. Manjusha Sanjay Madavi v. Honble Minister, Rural Development Mantralaya, Mumbai And Others

2020-01-10Hon'Ble Shri Justice R.V. Ghuge2 pages

wp7927of19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 7927 OF 2019 (Sau. Manjusha Sanjay Madavi..vs.. Hon'

ble Minister, Rural Dev. Mantralaya, Mumbai & Ors) ------------------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar's Orders.

----------------------------------------------------------------------------------------------------------------------------------- Shri V.D. Darne, Advocate for petitioner.

Shri A.A. Kadukar, AGP for respondent Nos. 1&2. Shri C.B. Dharmadhikari, Advocate for respondent Nos.4&5. CORAM: RAVINDRA V. GHUGE, J.

DATE: 10 th JANUARY, 2020.

1.

The learned Advocate for the respondent submits that this petition was entertained due to non-availability of the Hon'ble Minister. Ad-interim protection was granted on 3.12.2019. The Hon'ble Minister is now available and the petitioner can avail of the statutory remedy of filing an appeal under section 39(3) of the Maharashtra Village Panchayats Act.

2.

The learned Advocate for the petitioner submits that a similar situation arose in Writ Petition No. 7581 of 2019 and this Court had passed an order on 10.12.2019 relegating to the petitioner to the statutory remedy and the protection granted by this Court was continued for a period of four weeks.

3.

In view of the above, this petition is disposed off.

wp7927of19.odt 4.

As the petitioner has preferred an appeal, all the parties involved in the said litigation would appear before the Hon'ble Minister, Rural Development, on 24.1.2020 at 3.00 p.m. in his chamber in Mantralaya. The ad-interim relief granted by this Court vide order dated 3.12.2019 shall operate for a period of four weeks from today and if an application for seeking stay is moved by the petitioner, the appropriate authority would consider the said application on its own merits, without being influenced by the order of this Court dated 3.12.2019.

5.

Pending Civil Applications, if any, do not survive and are disposed off.

(Ravindra V. Ghuge, J.) Belkhede RS