IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELATE JURISDICTION APPELATE JURISDICTION APPELATE JURISDICTION WRIT WRIT WRIT PETITION NO.2289 OF 2008 PETITION NO.2289 OF 2008 PETITION NO.2289 OF 2008 Shri Shri Shri Nagraj Pukhrajji Sheth ... Petitioner Nagraj Pukhrajji Sheth ... Petitioner Nagraj Pukhrajji Sheth ... Petitioner vs. vs. vs. The The The State of Maharashtra & ors.. Respondents State of Maharashtra & ors.. Respondents State of Maharashtra & ors.. Respondents with with with WRIT PETITION NO. 2309 OF 2008 WRIT PETITION NO. 2309 OF 2008 WRIT PETITION NO. 2309 OF 2008 Shri Shri Shri Chintaman Raghunath Gharat .. Petitioner Chintaman Raghunath Gharat .. Petitioner Chintaman Raghunath Gharat .. Petitioner vs vs vs The The The State of Maharashtra & ors .. Respondents State of Maharashtra & ors .. Respondents State of Maharashtra & ors .. Respondents Mr.S.M.Sabrad Mr.S.M.Sabrad Mr.S.M.Sabrad for Petitioner. for Petitioner. for Petitioner. Mr.V.S.Masurkar Mr.V.S.Masurkar Mr.V.S.Masurkar Govt.Pleader for Respt nos. 1 & 2 Govt.Pleader for Respt nos. 1 & 2 Govt.Pleader for Respt nos. 1 & 2 CORAM CORAM CORAM : J.N.Patel and A.A.Sayed, JJ : J.N.Patel and A.A.Sayed, JJ : J.N.Patel and A.A.Sayed, JJ DATED DATED DATED : 3rd April, 2008 : 3rd April, 2008 : 3rd April, 2008 COMMON COMMON COMMON ORDER ORDER ORDER P.C. P.C. P.C. 1. 1. 1. Heard learned counsel for the petitioner and Heard learned counsel for the petitioner and Heard learned counsel for the petitioner and the the the learned Government Pleader for the respondent learned Government Pleader for the respondent learned Government Pleader for the respondent nos. nos. nos. 1 & 2. Presence of respondent no. 4 is not 1 & 2. Presence of respondent no. 4 is not 1 & 2. Presence of respondent no. 4 is not necessary necessary necessary for the purpose of disposal of this for the purpose of disposal of this for the purpose of disposal of this petition. petition. petition. 2. 2. 2. This petition has been filed by the petitioner This petition has been filed by the petitioner This petition has been filed by the petitioner to to to direct the respondent no. 2 to hear and decide direct the respondent no. 2 to hear and decide direct the respondent no. 2 to hear and decide the the the application made by the petitioner pending application made by the petitioner pending application made by the petitioner pending before before before the respondent no.2. The case of the the respondent no.2. The case of the the respondent no.2. The case of the petitioner petitioner petitioner is that the respondent no. 4 has is that the respondent no. 4 has is that the respondent no. 4 has incurred incurred incurred disqualification as provided under disqualification as provided under disqualification as provided under section section section 44 of The Maharashtra Municipal Councils 44 of The Maharashtra Municipal Councils 44 of The Maharashtra Municipal Councils Nagar Nagar Nagar Panchayats and Industrial Townships Act, Panchayats and Industrial Townships Act, Panchayats and Industrial Townships Act, 2 1965 1965 1965 and that the respondent no. 2 has not and that the respondent no. 2 has not and that the respondent no. 2 has not decided decided decided his application for disqualification of his application for disqualification of his application for disqualification of respondent respondent respondent no. 4 which is pending with him for no. 4 which is pending with him for no. 4 which is pending with him for about about about two years. two years. two years. 3. 3. 3. Considering the facts of the case, in our Considering the facts of the case, in our Considering the facts of the case, in our opinion, opinion, opinion, interest of justice will be served if the interest of justice will be served if the interest of justice will be served if the respondent respondent respondent mo. 2 is directed to decide the mo. 2 is directed to decide the mo. 2 is directed to decide the application application application of the petitioner within a period of of the petitioner within a period of of the petitioner within a period of eight eight eight weeks from the date of communication of this weeks from the date of communication of this weeks from the date of communication of this order. order. order. We order accordingly. We order accordingly. We order accordingly. 4. 4. 4. This order to be communicated by the This order to be communicated by the This order to be communicated by the petitioner petitioner petitioner to the respondent no.2. to the respondent no.2. to the respondent no.2. 5. 5. 5. Petition is disposed of in terms of the above Petition is disposed of in terms of the above Petition is disposed of in terms of the above order. order. order. (J.N.Patel, (J.N.Patel, (J.N.Patel, J) J) J) (A.A.Sayed, (A.A.Sayed, (A.A.Sayed, J) J) J) 3