1 wp983.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 983 OF 2011 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. M.P. Kale, Advocate for the petitioner. Mr. V.R. Sonvalkar, Advocate for respondent. CORAM : B.P. DHARMADHIKARI, J. DATE : 19TH APRIL, 2011 Heard Advocate Mr. Kale for petitioner-defendant and Advocate Mr. Sonvalkar for respondent. 2. The suit on behalf Zilla Parishad has been filed by through District Animal Husbandry Officer. The petitioner therefore raised objection to its maintainability and that has been rejected by the trial Court. Advocate Mr. Kale contends that the petitioner only wanted issue regarding the propriety of filing to be framed as preliminary issue and its adjudication as such. 3. Advocate Mr. Sonvalkar contends that as per the standard practice Chief Executive Officer has delegated the powers to District Animal Husbandry Officer and 2 wp983.11 hence, that officer has presented the suit. 4. In accordance with the provisions of Maharashtra Zilla Parishad and Panchayat Samiti Act, Zilla Parishad is required to be represented by the Chief Executive Officer. The petitioner has contended that his application was under Section 9-A of Civil Procedure Code. Advocate Mr. Kale contends that interim relief application is still not decided. Application as filed is not specifying any particular provision under which same came to be filed. Trial Court has also not looked into the provisions of Maharashtra Zilla Parishad and Panchayat Samiti Act to find out that whether such delegation is envisaged thereunder or not ? I therefore find, impugned order unsustainable. 5. The said order dated 06.01.2011 is quashed and set aside. Application Exhibit-21 is restored back to the file of learned Civil Judge, Junior Division, Pallam for fresh decision after hearing the parties. 6. With these observations, the present Writ Petition is disposed of. (B.P. DHARMADHIKARI) JUDGE gas/wp983.11