1 wp5423.06 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5423 OF 2006 Shri. Pradip Gyanchand Raisony, Age: 49 years, Occ: Business, R/o. 20, Ganpati Nagar, Jalgaon & others. ...PETITIONERS VERSUS The State of Maharashtra, Through the Principal Secretary, Urban Development Department, Mantralaya, Mumbai & others. ...RESPONDENTS ... Mr. P.R. Patil, Advocate for the petitioners. Mr. K.B. Choudhary, A.G.P. for respondent Nos. 1, 4 and 5. ... CORAM: SMT. NISHITA MHATRE & S.S. SHINDE, JJ. DATE : 23RD MARCH, 2011 PER COURT : The petition has been filed by the ex- members of the Municipal Council contending that 2 wp5423.06 the inquiry initiated by the Director of the Municipal Administration under Section 311 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 is illegal. One of the contentions raised is that a One Man High Level Committee appointed by the respondents to inquire into the various mal practises in the administration of the Municipal Council could not be said to be legal, as he was a retired I.A.S. Officer and was not in service. This challenge has already been considered by the Division Bench of this Court in Writ Petition No.4762 of 2005. That challenge has been negatived by the Division Bench, by keeping other contentions of the petitioners, with respect to the report submitted by a one Man High Level Committee, open. Aggrieved by that decision, the petitioners had approached the Apex Court by way of SLP (Civil) No.11473 of 2005. The S.L.P. was dismissed on 16-12-2005 as the Court was not inclined to entertain the petition at that stage. The question of law raised, however, was left open. 3 wp5423.06 2. The petitioners contend that their objections have not been considered as yet by the Director of the Municipal Administration, although this Court has directed this Officer to consider the objections raised by the petitioners before the Government implements the report of the One Man High Level Committee. These objections are found at Exhibit-M to the petition, raised on 15-07-2006. 3. In our opinion, the interest of the petitioners would be subserved by directing respondent No.5 to consider the objections raised by the petitioners on 15-07-2006 at Exhibit-M to the petition within a period of eight weeks from today, after giving a hearing to the petitioners. All objections raised will be considered at the same time when the final decision in the matter is taken. The objections raised by the petitioners shall not be treated as preliminary objections and will be decided finally with the main matter. 4 wp5423.06 Respondent No.5 shall decide the issues as stated earlier, within eight weeks from today. 4. The petition is disposed of accordingly. [S.S. SHINDE, J.] [SMT. NISHITA MHATRE, J.] sut/Mar11/wp5423.06