1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.4759 OF 2008 Rajgonda Dhulgonda Patil Petitioner vs. State of Maharashtra & ors. Respondents Mr.D.V.Sutar for the petitioner. Mr.S.D.Rayrikar, AGP for respondents 1 to 3. CORAM : R.V. MORE,J. DATED : 10th July, 2008 P.C. Heard Mr.Sutar, the learned counsel for the petitioner and the learned AGP for respondents 1 to 3. 2. The respondents 4 and 5 are the Sarpanch and Up-sarpanch of village : Yadrav, Tal. Shirol,Dist. Kolhapur. No Confidence motion was passed against them by 2/3rd majority and this resolution was challenged by respondents 4 and 5 by way of Dispute being Dispute Nos. 40/2008 and 41/2008 before the Additional Collector under the provisions of Section 35 (3B) of the Bombay Village Panchayats Act. 3. Respondents 4 and 5 inspite of above filed Civil Suit in the Court of Civil Judge, S.D. Kolhapur contending that the Additional Collector has no jurisdiction to dispose of their Dispute being Dispute Nos.40/2008 and 41/2008 filed under Section 35(3B). In this Suit, the learned Civil Judge, S.D. also granted 2 stay to the proceedings before the Additional Collector. This order of learned Civil Judge, S.D. is challenged by way of present petition. 4. Mr.Sutar, the learned counsel for the petitioner, submits that stay granted by the learned Civil Judge,S.D. which is impugned in the present petition is vacated and, therefore, the present petition has become infructuous. 5. In view of this statement, writ petition is disposed of as infructuous. 6. Looking to the facts and circumstances of the case and in the interest of justice, I am of the opinion that the Dispute being Dispute Nos.40/08 and 41/08 filed by respondents 4 and 5 before the learned Additional Collector under Section 35(3B) challenging no confidence resolution deserves to be expedited. Accordingly, the Additional Collector, Kolhapur is directed to hear and dispose of the said Appeals filed by respondents 4 and 5 as expeditiously as possible and in any case within a period 15 days from the date of receipt of this order. 7. Writ Petition is disposed of in the above terms. [R.V. [R.V. [R.V. MORE,J.] MORE,J.] MORE,J.]