3 We had accordingly deferred the hearing of the above Writ Petition on 5-10-2018 so as to enable the Learned AGP to obtain instructions. The Learned AGP informs us that the concerned officers of the Urban Development Department, Government of Maharashtra are present in court. The Learned AGP fairly concedes to the fact that the instant order was not brought to the notice of the Division Bench when it passed the order dated 184-2016. In the light of the situation arising on account of the said order dated 18-4-2016, the Learned AGP leaves it to this court as regards the course of action that is required to be followed. In our view, since the mandate of the said order dated 18-4-2016 could not be followed in view of the fact that the instant order was already passed prior to the passing of the said order dated 18-4-2016 by the Division Bench, the interest of justice would be served if the impugned order dated 10-2-2016 is quashed and set aside and the matter is remanded back to the State Government for a denovo consideration of the application filed by the Commissioner of the Pimpri Chinchwad Municipal Corporation invoking Section 451 of the MMC Act. On remand the concerned authority of the State Government would hear the Petitioner and thereafter take an appropriate decision on the application filed by the Municipal Commissioner. The impugned order is accordingly set aside and the matter is
