1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. WRIT PETITION NO. 8382 OF 2009 Mahesh s/o Vishnu Gadekar & anr. ..PETITIONERS VERSUS State of Mah. & anr. ..RESPONDENTS Petitioner no.1 in person; Mr K.J. Ghute Patil, A.G.P. for respondent - State. CORAM : P.V. HARDAS AND S.V. GANGAPURWALA, JJ. DATE : 22nd March, 2010 PER COURT : This petition was dismissed for default but was restored when a request for restoration of the petition was made by one of the petitioners, who has appeared in person. Accordingly this petition has been restored to file and has been heard as a last matter on the board. We have heard Shri Mahesh Vishnu Gadekar, the petitioner no.1 in person and the learned A.G.P. who appears on behalf of the respondent. 2. This petition under Article 226 of the Constitution of India prays for issuance of a writ of mandamus directing respondent no.2 to consider the appeal personally. The petitioners also pray for directing the respondents to decide the appeal filed by the petitioners within a stipulated period. 2 3. Undisputedly, according to the petitioners the appeal/representation came to be submitted to respondent no.2. The respondent no.2 by communication which is annexed to the petition, dated 16.9.2009 directed/transferred the proceedings filed by the petitioners for decision to the Collector in accordance with the provisions of section 308 (4) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. The aforesaid communication has not been challenged in the petition. At least no prayer for quashing and setting aside the aforesaid communication is made. The proceedings have been transferred to the Collector. Any objections, which the petitioners may have for hearing before the Collector, in the absence of challenge to the order dated 16.9.2009, cannot be entertained. In that light of the matter, this petition which sans merit is, therefore, summarily dismissed with no order as to costs. ( S. V. GANGAPURWALA, J.) ( P. V. HARDAS, J.) amj/wp8382.09A