1 wp 3953.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3953 OF 2011 Makarand Shursen Rajenimbalkar, Age : 38 Years, Occu. : Agril., R/o Anandnagar, Osmanabad, Tq. & Dist. Osmanabad. .. Petitioner Versus 1. The State of Maharashtra, Through the Secretary, Urban Development Department, Mantralaya, Mumbai - 32. 2. The Collector, Osmanabad, District Osmanabad. 3. Shri Udaysing Prakashrao Nimbalkar, Age : 43 Years, Occu. : Business, R/o 27/1912, Anand Nagar, Osmanabad. 4. The Osmanabad Municipal Council Through its Chief Officer, C/o Osmanabad Municipal Council Osmanabad, Dist. Osmanabad. .. Respondents Shri M. S. Kulkarni, Advocate for the Petitioner. Shri V. G. Shelke, A.G.P. for the Respondent/State. Shri S. G. Chapalgaonkar, Advocate for the Respondent No. 3. Shri R. V. Naikwade, Advocate for the Respondent No. 4. 2 wp 3953.11 CORAM : S. V. GANGAPURWALA, J. DATE : 01ST AUGUST, 2011. ORAL JUDGMENT : . Rule. Rule returnable forthwith. With the consent of parties taken up for final hearing. 2. The proceedings were initiated against the petitioner for disqualification on the ground of encroachment. The original complainant filed an affidavit. Thereafter, the present petitioner filed list of witnesses. The petitioner also sought leave to examine other witnesses not named in the list of witnesses. The said request is rejected by the Collector, Osmanabad vide order dated 03.06.2011. The same is assailed in the present writ petition. 3. Shri Kulkarni, the learned counsel for the petitioner submits that the Collector should have allowed the petitioner to examine the witnesses, as earlier the list of witnesses was given pursuant to the complaint which was filed. But in the affidavit filed by the complainant the stand has been changed necessitating examination of the further witnesses. As such, the learned counsel contends that opportunity deserves to be given to the petitioner to examine the said witnesses. 3 wp 3953.11 4. Shri Chapalgaonkar, the learned counsel for the original complainant submits that these proceedings are to be disposed of expeditiously. The petitioner is intentionally trying to protract the proceedings which cannot be permissible. The Collector taking into account conduct of the petitioner has rightly passed the order. I have also heard Shri Naikwade, the learned counsel for the respondent No. 4 and the learned Assistant Government Pleader for respondent Nos. 1 and 2. 5. No doubt, the proceedings for disqualification have to be determined expeditiously. It is submitted by Shri Kulkarni, the learned counsel for the petitioner that, the petitioner has moved the State Government for transfer of the proceedings and the record and proceedings has been called by the State Government. 6. According to the petitioner the witnesses who are not named in the list of witnesses are required to be examined because of stand taken in the affidavit which is not in tune with the original complaint. The procedural law is always directory in nature. The same cannot be applied in rigid manner. Taking into account the principles of natural justice, the petitioner can be allowed to examine the witnesses not named in the list of 4 wp 3953.11 witnesses. The petitioner can be directed to submit the list of witnesses in this regard. However, the record and proceedings is not with the Collector, Osmanabad, where the proceedings are pending and the same is with the State Government. Therefore, I pass the following order. O R D E R A. The impugned order dated 03.06.2011 passed by the Collector Osmanabad is set aside. B. The authority before whom the proceedings would be pending as per the orders passed by the State Government shall decide the proceedings expeditiously. C. The petitioner shall file list of witnesses within a period of one week from the date the State Government passes the order on transfer petition before the authority to whom the proceeding would be allocated. D. The Rule is made absolute in above observations and directions. No costs. Sd/- [ S. V. GANGAPURWALA, J. ] bsb/Aug. 11