1 UNREPORTED IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.5170 OF 2009. 1. Kedabai Shantaram Jadhav, Age 36 years, Occ.Household, R/o At Post Kasare, Taluka Sakri, Dist. Dhule. 2. Jitendra Himmat Biraris, Age major, Occ.Agril., R/o At & Post Balhane, Taluka Sakri, Dist. Dhule. 3. Mrs.Soni Bharat Pawra, Age 22 years, Occ.Household, R/o At & Post Kodid, Taluka Shirpur, Dist. Dhule. 4. Bhiwaji Bhatu Pawar, Age major, Occ.Agril., R/o At Post Bhadgaon, Taluka Sakri, Dist.Dhule. 5. Rajnibai Baburao Gharte, Age major, Occ.Agril., R/o At Post Mahergaon, Taluka Dhule, Dist.Dhule. ... Petitioners. Versus 1. The State of Maharashtra through its Principal Secretary, Rural Development Department, Mantralaya, Mumbai. 2. The District Collector, 2 Dhule, Dist.Dhule. 3. Kiran Gulabrao Patil, Age 30 years, Occ.Agriculture, R/o Mahergaon, Tq.Dhule, Dist. Dhule. ... Respondents. ... Mr.V.J.Dixit, Sr.Counsel instructed by Mr.P.D.Bachate, advocate for the petitioners. Mrs.A.V.Gondhalekar, Asstt. Govt. Pleader for the Respondent Nos.1 and 2. Mr.P.M.Shah, Sr.counsel for the Respondent No.3. ... CORAM : P.V.HARDAS AND : S.V.GANGAPURWALA,JJ. Date : 23.03.2010. ORAL JUDGMENT (Per P.V.Hardas,J.) 1. Rule. Rule returnable forthwith. With the consent of the parties, the petition is heard finally at the stage of admission. 2. This is a petition under Article 226 of the Constitution of India, by which the petitioner prays for issuance of directions under Article 226 of the Constitution of India, for directing the Respondents not to enforce the order if passed by the authorities in the pending 3 Disqualification Petition before the District Collector, Dhule, for some time so as to enable the petitioners to avail alternate remedy for challenging such orders. 3. It appears that certain Disqualification Petition came to be filed against the present petitioners, which is pending before the District Collector, Dhule. In the said Disqualification Petition, the petitioners had raised several objections before District Collector, Dhule in respect of maintainability of the disqualification proceedings. Since the objections raised by the petitioner came to be repealed by the District Collector, Dhule, the petitioners filed a Writ Petition before the learned Single Judge of this Court. The learned Single Judge granted Rule in the said petition and the petitioners state that said petition is likely to be heard in near future. It is further stated by the learned counsel for the petitioners that the learned Single Judge by ad-interim order had directed the District Collector,Dhule to proceed with the 4 Disqualification Petition but had restrained the District Collector, Dhule from passing any final order. The apprehension of the petitioners therefore, is that in the event of the petition filed before the learned Single Judge is decided and the interim order is vacated, the District Collector, Dhule is likely to pass final orders and in the event an order adverse to the interest of the petitioners is passed, the petitioners are likely to be unseated. 4. We have heard Mr.V.J.Dixit, learned Sr.Counsel for the petitioners and Mrs. Gondhalekar, learned Asstt. Govt. Pleader on behalf of the Respondent Nos.1 and 2 and Mr.P.M.Shah, learned senior counsel for the Respondent No.3. In the light of the fact situation, we inclined to allow this petition and direct the authorities not to enforce the order if adverse to the interest of the petitioners for a period of ten (10) days from the receipt of the order by the petitioners, so as to enable the petitioners to avail the remedy available in law of challenging the said order. Accordingly, Rule 5 is made absolute by directing the Respondents not to enforce the order passed in the Disqualification Petition, for a period of ten (10) days from the date of receipt of the order by the petitioners so as to avail remedy available in law of challenging the said order before the appropriate forum. 5. Rule is thus made absolute on the above terms with no order as to costs. (S.V.GANGAPURWALA,J.) (P.V.HARDAS,J.) asp/office/wp517009