1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No.4552 of 2008 [Jai Manavta Bahuudeshiya Sarvajanik Sanstha, Kanhan Vs. State of Mah. & ors.] Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Mr. Manoj Sable, Adv., for the petitioner. Mrs. T.D. Khade, AGP respondents. ----- Coram : B.H. Marlapalle AND A.H. Joshi, JJ. Dated : 21st November, 2008. We have heard the learned counsel for the petitioner on the last two dates and at his request, we had listed this petition today for withdrawal. However, the learned counsel for the petitioner states that he has no instructions as yet to withdraw the petition. The petitioner claims to be a Society registered under the Bombay Public Trusts Act in the year 2004 and it is established by citizens of Kanhan to fight for the social cause of the people. As per the petitioner, Kanhan Village Panchayat is required to be converted into a Nagar Parishad under the 2 Maharashtra Municipal Councils, Nagar Panchayats & Industrial Townships Act, 1965, as its population is around 40,000. The learned Counsel for the petitioner has referred to the provisions of Article 243- Q of the Constitution of India as well as Section 341 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, and submitted that this petition is required to be entertained, as this Court has the powers to issue a Writ against the respondents to establish a Nagar Parishad. It has also been stated that on 26th October, 1993, the Govt. of Maharashtra had taken a decision to establish Nagar Parishad at Kanhan Pipri, but the said decision was withdrawn on 25th October, 2001. The petitioner has brought on record a copy of the letter dated 13th September, 2006, addressed by the Principal Secretary, Department of Urban Development, Govt. of Maharashtra, to the Collector, Nagpur, and called for a report to submit to the Maharashtra Govt. in response to the letter dated 12th September, 2006 submitted by Shri Ashish Jaiswal, Advocate. It has also been stated that on the very same issue there was a Star Question raised on the floor of the House. It is, thus, clear that the 3 subject-matter has been under consideration of the State Govt. for quite some time in its Executive/Legislative powers and, therefore, we do not deem it appropriate to entertain a petition on such an issue. The petitioner will have to take up the matter with the Collector, Nagpur, and also the Department of Urban Development, State of Maharashtra. Hence the petition is disposed off with liberty to the petitioner to approach the respondents. JUDGE JUDGE |hedau|