1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4619 OF 2008 WRIT PETITION NO.4619 OF 2008 WRIT PETITION NO.4619 OF 2008 Bhausaheb Mahadev Tupe & Ors. .. Petitioners vs. State of Maharashtra & Ors. .. Respondents Mr.V.M.Thorat for the petitioners Ms.M.P.Thakur, A.G.P. for respondent nos.1 to 3 CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & S.J. KATHAWALLA, JJ. S.J. KATHAWALLA, JJ. S.J. KATHAWALLA, JJ. DATE: 8TH DECEMBER, 2008. DATE: 8TH DECEMBER, 2008. DATE: 8TH DECEMBER, 2008. P.C. 1. The issue as to whether Deputy Sarpanch has resigned or not being a disputed question of fact and the parties have alternate remedy under sections 29 and 34 of the Bombay Village Panchayat Act, 1958, petition stands disposed of. Liberty to the parties to approach the competent authority. 2. Incase the petitioner brings this to the notice of the Collector, the Collector shall take a decision in the matter within 6 weeks from the date of such an 2 application made by the petitioner and will decide the matter as contemplated under section 34 of the said Act after giving a fair opportunity of hearing to all the parties concerned. (J.N. Patel, J.) (J.N. Patel, J.) (J.N. Patel, J.) (S.J. Kathawalla, J.) (S.J. Kathawalla, J.) (S.J. Kathawalla, J.)