Petitioner applied for stay of a Municipal Council resolution. Court found Collector failed to apply mind and decide. Writ petition disposed with direction to Collector to decide application within three weeks under Section 308.
Direction to Collector to decide the petitioner's application within three weeks
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD.
927 WRIT PETITION NO. 4859 OF 2016
SACHIN PRAKASHRAO MASURE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
Advocate for Petitioner : Mr.D. P. Palodkar AGP for Respondents: Mr. V.M. Kagne Advocate for Respondent No.3 : Mr. S.D. Hiwrekar Advocate for Respondent No.4 : Mrs. A.N. Ansari
... CORAM : R. M. BORDE & K. K. SONAWANE, JJ. Date: August 25, 2016
PER COURT :-
1 The petitioner has tendered an application to the Collector seeking stay/quashment of the resolution adopted by the Municipal Council on 21.1.2016. The Collector is expected to take up the proceedings under section 308 of the Maharashtra Municipal Councils, Nagar Panchayats & Industrial Township Act, 1965. It appears that the Collector has not applied his mind and has not taken decision on the application. In this view of the matter, we dispose of this petition with direction to the Collector, Jalna to take decision on the application tendered by the petitioner on 16.3.2016 objecting to the resolution adopted by the Municipal Council, in accordance with section 308 of the Act. The Collector shall take appropriate steps as expeditiously as possible and preferably within a period of three weeks from today.
( K. K. SONAWANE, J. ) ( R. M. BORDE, J. )
vbd
1 issue framed by the court
Whether the Collector was required to decide on the petitioner's application objecting to the Municipal Council resolution under section 308 of the Act.
1 provisions across 1 enactments
SACHIN PRAKASHRAO MASURE
THE STATE OF MAHARASHTRA
R. M. BORDE
K. K. SONAWANE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
