Writ petition disposed of in toto. Court directed competent authority to complete procedure, provide opportunity to stakeholders, and arrive at a decision within 90 days. All statutory remedies kept open.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
25 WRIT PETITION NO.739 OF 2023
GOVIND DADARAO PAWAR AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND
OTHERS
Mr.S.S.Thombre h/f Mr.Shaikh Tarek Mobin, Advocate for the
Petitioners.
Mr.P.K.Lakhotiya, AGP for Respondent Nos. 1 to 3.
Mr.B.L.Sagar Killarikar, Advocate for Respondent No.4.
( CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.)
DATE : AUGUST 17, 2023
PER COURT:
1.The Petitioners are relying upon a representation dated
30.12.2022 addressed to the Director of Municipal Administration,
Mumbai, the District Collector, Latur and the District Deputy Municipal
Commissioner, Latur. An additional affidavit is filed today by the
Petitioner, dated 16.08.2023. The communication dated 20.06.2023
by the District Assistant Commissioner, Municipal Administration,
Division Latur, to the C.O. of the Ausa Municipal Council, is cited.
khs/August 2023/739
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2.The learned Advocates for the Respondents submit that the
above stated communication indicates that steps have been initiated by
the appropriate authorities and the grievance of the Petitioners is being
looked into.
3.The learned Advocate for the Petitioners submits on
instructions that the said exercise should be completed within a time
frame.
4.In view of the above, this petition is disposed off. We
expect a proper procedure to be followed in the light of the
representation of the Petitioners and the communication dated
20.06.2023. All the stake holders should be given an opportunity of
putting forth their say. After the procedure laid down in Law is
complied with, a decision be arrived at by the competent authority,
within 90 days from today.
5.All contentions are kept open, including all the remedies
that are statutorily available.
( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J.)
khs/August 2023/739
GOVIND DADARAO PAWAR AND ANOTHER
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
RAVINDRA V. GHUGE
Y. G. KHOBRAGADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court