1 mss WP+1251 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1251 OF 2011 W VITTHAL @ LAHU SHINDE & ORS. .. PETITIONERS P Vs. THE PRINCIPAL SECRETARY & ORS. .. RESPONDENTS R Mr. L. M. Acharya i/b R. S. Shekhawat for petitioners Mr. Vijay D. Patil, GP Mr. Balasaheb Deshmukh for R-2 M CORAM: SMT. RANJANA DESAI & RANJIT MORE, JJ. DATED: 23/2/2011 P.C. P The grievance of the petitioners is that the appeal filed by respondents 6 to 13 under Section 44(4) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 has been wrongly 2 mss WP+1251 entertained by the 1st respondent. The contention of the petitioners is that the 1st respondent could not have entertained it and in fact it can either be entertained by the Chief Minister or his delegate. 2. We are informed by learned Government Pleader that the appeal is finally heard and final judgment is awaited. This statement made by the learned Government Pleader is disputed by learned counsel for the petitioners. In the circumstances, in our opinion, it would be appropriate, if the 1st respondent hears the appeal of respondents 6 to 13 afresh and passes an order on all issues including on the preliminary objection. Learned Government Pleader says that the parties should appear before the 1st respondent on Friday 25/2/2011 at 4-00 p.m. On the appointed day 1st respondent shall hear the parties and deliver his judgment within two weeks from the date of hearing. However, hearing should be concluded on 25/2/2011 itself. The petitioners undertake to remain present for hearing on Friday, 25/2/2011 at 4 p.m. and no separate notice is required for that purpose. 3. In case the order passed by the 1st respondent is against the petitioners then the meeting of Bhor Municipal Council should not be convened for a period of one week from the date of receipt of the order by any one of the 3 mss WP+1251 petitioners. We make it clear that on the merits of the case, we have not expressed any opinion. Petition is disposed of in the aforesaid terms. (SMT. RANJANA DESAI, J.) ( (RANJIT MORE, J)