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Bombay High CourtWP/1795/2024disposed off

Shaikh Zaheer Ahmed S/O Shaikh Maula v. The State Of Maha. Thr. Principal Sec. Urban Development Dept., Mumbai And Others

2024-03-14Hon'Ble Shri Justice Siddheshwar Sundarrao Thombre2 pages

1 18-1795-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 1795/2024 Shaikh Zaheer Ahmed S/o Shaikh Maula Vs. The State of Maharashtra, through Principal Secretary, Urban Development Department and others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Firdos Mirza, Advocate for petitioner Mr. H.D. Futane, AGP for Respondent Nos.1 and 2 Mr. V.N. Patre, Advocate for Respondent No.4 CORAM: BHARAT P. DESHPANDE, J.

DATED : 14th MARCH, 2024 Heard Mr. Mirza, learned counsel for the petitioner.

2.

The order impugned in the present petition is dated Nil, which was communicated to the petitioner along with the letter dated 01/03/2024.

3.

Mr. Mirza, learned counsel for the petitioner submits that in Writ Petition No. 8248/2023, the order was passed by the learned Division Bench of this Court, thereby protection was granted to the petitioner till 15/03/2024. He submits that immediately after receipt of covering letter along with the copy of the order, the petition is filed. Mr. Mirza, learned counsel for the

2 18-1795-2024.odt petitioner would submit that Section 44 of the Maharashtra Municipal Councils, Nagar Panchayat and Industrial Townships Act, 1965 is not applicable to the present petitioner as he is the Councillor from Nagar Panchayat in view of Section 341(b) of the said Act.

4.

The learned Assistant Government Pleader waives notice for respondent Nos.1 and 2. 5.

Mr. Patre, learned counsel waives notice for respondent No.4.

6.

Issue notice to the respondent Nos.3 and 5, returnable on 5th April, 2024.

7.

In the meantime, since the petitioner was protected by the learned Division Bench of this Court till today, the said protection shall continue till the next date.

(BHARAT P. DESHPANDE, J.) MP Deshpande Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 14/03/2024 17:55:11