1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application (W) No. 940/2009 in W.P.No. 2798/2006 Dasharath Pandu Rathod vs. State of Maharashtra, through The Additional Collector, Buldhana and others. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. Mr. P.R.Kate, Advocate for the petitioner. CORAM : A. P. Lavande & P.D.Kode,JJ DATE : 21.08.2009 This is an application filed by the petitioner on the ground that the issue involved in the petition is covered by the Judgment of this Court reported in 2006(1) AIR Bom. Page 365. This position has been disputed by Mr. Sambre, learned Government Pleader for respondents 1 and 2 and Mr. Shingane, learned counsel for respondent no.3. This being the position, disposal of the petition in terms of the Judgment relied upon is not possible. However, having regard to the nature of the controversy it is just and proper to dispose of the petition expeditiously since the period during which respondent no.3 is holding the post of Sarpanch would expire in December, 2009. In view of the 2` above, the application is dismissed. However, hearing of the Writ Petition No. 2798/2006 is expedited. The petition be fixed for final hearing on 29.9.2009. Application stands disposed of. JUDGE JUDGE patle