168wp1840.11.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO.1840 OF 2011 (Kailash R. Fande vs. State and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: B.P.DHARMADHIKARI & A.P.BHANGALE, JJ. Date : 16/08/2011. Heard Mr.A.S.Kilor, Adv. for the petitioner, Mr.T.R.Kankale, A.G.P. for respondent nos. 1 to 3 and Mr.N.S.Bhelkar, Adv. for respondent no.4. In the instant petition, the petitioner has prayed to direct the State Government to take cognizance of the report of Collector dt.4.11.2010 and to initiate appropriate enquiry against the President of respondent no.4/Municipal Council, Morshi forthwith. Another prayer is to initiate disciplinary action against the Junior Engineer as per Collector's letter dt.10.12.2010. After hearing the respective Counsel, it has become clear that necessary disciplinary action against the Junior Engineer is already initiated. Hence, prayer clause (2) in Writ Petition is fulfilled. Insofar as prayer clause (1) is concerned, Mr.T.R.Kankale, A.G.P. has pointed out the affidavit 168wp1840.11.odt 2 . dt. 12.8.2011 filed by the Deputy Secretary, Urban Development, Department. He states that notice dt.30.7.2011 was issued to the President, Municipal Council, Morshi u/s.55-A of the Maharashtra Municipal Councils, Nagar Panchayats, Industrial Township Act, 1965 and another notice dt.2.8.2011 has been issued to the Chief Officer, Municipal Council, Morshi to explain as to why action should not be taken against them for the alleged irregularities. We, therefore, find that part of the relief claimed by the petitioner vide prayer clause (1) in the petition is also granted. However, Mr.A.S.Kilor, Adv. states that tenure of the president is to expire in December, 2011 and action u/s.55A needs to be completed in the time bound manner. The learned A.G.P. as also the learned Counsel for respondent no.4 are opposing any such direction as, according to them, the respondents will make efforts to complete the enquiry in a reasonable time. Looking to the fact that the petitioner is required to approach this Court for execution of the report of Collector dt.4.11.2010 and steps have been taken by the State Government very recently i.e. on 30.7.2011 and 2.8.2011, after this Court issued notices in the matter, we find substance in the contention of Mr.Kilor, Adv. We direct respondent nos. 1 to 3 to 168wp1840.11.odt 3 . complete the enquiry undertaken against the President of respondent no.4 in accordance with law and at the earliest; in any case, within a period of three months from today. With these observations and directions, the petition is partly allowed and disposed of accordingly. No order as to costs. JUDGE JUDGE jais