1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.522 OF 2010 Prakash S/o.Kamlakar Pathak, Age-64 years, Occu-Business, R/o.Samrat Chowk, Koyna Sub-Station Road, Latur PETITIONER VERSUS 1. The State of Maharashtra, Through : The Secretary, Department of Urban Development, Government of Maharashtra, Mantralaya, Mumbai. 2. Anil S/o.Hariharrao Muley, Age-42 years, Occu-Chief Officer, Municipal Council, Latur, Tq. and Dist. Latur RESPONDENTS Mr.V.D.Sonwane, learned counsel for the petitioner. Mr.K.B.Chaudhary, learned A.P.P. for respondent State. Mr.C.A.Jadhav h/f. Mr.V.D.Hon, learned counsel for respondent no.2. (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 16/09/2010 ORAL JUDGMENT : (Per P.V.Hardas, J.) 1. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at the stage of admission. 2 2. By this petition under Article 226 of The Constitution of India, the petitioner prays for issuance of a writ directing respondent no.1 to decide the applications filed by the petitioner dated 24/02/2010 and 26/02/2010, seeking permission to prosecute respondent no.2 as per the provisions of Section 197 of The Cr.P.C. 3. Undisputedly, the aforesaid applications are pending. In the light of the limited nature of relief, which the petitioner has sought for in this petition, we allow this application and direct the respondents to decide the pending applications, in accordance with Law and communicate the decision thereon to the petitioner. We hasten to add that we have not dealt with any of the allegations on merits and the respondents should not construe any observations made by us in this judgment as any findings recorded on merits of the matter. 4. Writ petition succeeds. Accordingly, we direct respondent no.1 to decide the pending applications filed by the petitioner within 3 months from today and communicate the decision thereon to the petitioner. Rule made absolute on the above terms with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/SEPT. 2010/cri.w.p.522-10