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Bombay High CourtWP/3498/2026disposed off

Ashok S/O Digambar Lashkare v. The State Of Maha., Thr. Dept. Of Urban Development, Mumbai And Others

2026-04-28Hon'Ble Smt. Justice M. S. Jawalkar , Hon'Ble Shri Justice Nandesh Shankarrao Deshpande4 pages

2026:BHC-NAG:6674-DB 917 wp 3498-2026.odt 1/4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 3498 OF 2026 Ashok S/o Digambar Lashkare, Aged about 62 years, Occ. Retired, R/o Matoshree Building, Vivekanand Colony, Lions Dnyanpeeth Road, Khamgaon, Tq. Khamgaon, Dist. Buldhana ...PETITIONER

VERSUS

1.

The State of Maharashtra through Department of Urban Development, Mantralaya, Madam Cama Road, Mantralaya, Mumbai 2.

The learned Divisional Commissioner, Amravati Division, Amravati 3.

The Municipal Council, Khamgaon through its Chief Officer, Near Bus Stand, Khamgaon, Tq. Khamgaon, Dist. Buldhana 4.

The Deputy Chief Auditor, Local Fund Auditor, Buldhana having office at Administrative Building, Near Bus Stand, Buldhana, Tq. and Dist. Buldhana 5.

The learned Deputy Director of Education, Amravati Division, Amravati ...RESPONDENTS

917 wp 3498-2026.odt 2/4 --------------------------------------------------------------------------------------------- Shri K.R. Jain, Advocate for petitioner Shri N.R. Patil, AGP for respondent/State --------------------------------------------------------------------------------------------

CORAM

:

SMT. M.S. JAWALKAR AND NANDESH S. DESHPANDE, JJ.

DATE :

28.04 .2026 ORAL JUDGMENT (PER :

NANDESH S. DESHPANDE, JJ.

) Heard.

2.

Issue notice to the respondents.

3.

Learned Assistant Government Pleader waives notice for respondent Nos. 1, 2, 4 and 5/State.

4.

Rule. Rule is made returnable forthwith. Heard finally with the consent of the parties.

5.

In view of the order we are passing notice to the respondent No.3 is being dispensed with.

6.

The present petition seeks a direction to the respondent No.1 to decide the pending Revision bearing

917 wp 3498-2026.odt 3/4 No.Shikshak-2024/Pra.Kra.55/NaVi-20, filed by the petitioner with the said respondent within a period of two months. 7.

The facts which are more or less undisputed and as can be culled out from the petition are as under:

The petitioner was appointed on 31.08.1983 as an Assistant Teacher in middle school run by the Municipal Council, Khamgaon. Thereafter, on 12.02.2014, the respondent No.5 passed an order, thereby holding that the amount towards the graduate teachers salary drawn by the petitioner from 19.08.1986 is recoverable, and accordingly, the said arrears of salary should be recovered from the petitioner. This prompted the petitioner to file a writ petition before this Court bearing Writ Petition No. 2752/2014. The said writ petition was disposed of by this Court on 14.11.2014, by granting liberty to the petitioner to file an appeal before the respondent No.2. Accordingly, an appeal was filed before the respondent No.2, which was decided on 31.08.2021, whereby upholding the action of the respondent No.5. Being aggrieved, the petitioner challenged the same by filing a revision as contemplated under Section 318 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act.

917 wp 3498-2026.odt 4/4 8.

It is the submission of the learned Counsel for the petitioner that, in spite of the said revision being pending since more than three years, the same has not been decided, putting the petitioner to serious inconvenience. We therefore dispose of the petition by directing the respondent No.1 to decide the Revision No. Shikshak2024/Pra.Kra.55/NaVi-20, as expeditiously as possible, and in any case till 15.07.2026.

9.

With these directions, the petition is disposed of. However, to avoid any confusion, the petitioner is directed to appear before the respondent No.1, on 04.05.2026 and apprise the said respondent about passing of the order by this Court.

10.

Rule is made absolute in the above terms.

(NANDESH S. DESHPANDE, J.) (SMT. M.S. JAWALKAR, J.) Jayashree..