1 WP.4438.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FARAD CONTINUATION SHEET No. WRIT PETITION NO. 4438 OF 2010 [Marutrao Tatyaba Sarpate and anr. VS Bapurshab Bajirao Pawar died through LRs. and others] Mrs. Anjali Bajpai Dube, Advocate for the petitioners Mr. S.V. Kurundkar, Addl.G.P. for the respondent-State Mr. S.D. Hiwrekar, Advocate for respondent no.2 Mr. B.G. Upade, Advocate for the respondent nos. 3 to 9 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders P.C.:- 1. Heard counsel. By consent the Petition is being disposed of on following terms:- (I) Without recording any findings on merits, the impugned judgment and order dated 17.4.2010 is set aside. (II) Miscellaneous Civil Application no. 392 of 2009 is restored to its original position and the learned Principal District Judge is directed to decide the same afresh by conducting de-novo enquiry and particularly in regard to the validity of 2 WP.4438.2010 the earlier scheme and necessity of the proposed change. (III) The learned Principal District Judge shall decide the matter afresh within a period of four (4) months. The parties are directed to appear before the learned Principal District Judge on 28.7.2010. 2. Petition disposed of. No costs. Sd/- DT. : 20.07.2010 [V.R. KINGAONKAR, J.] arp