1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 8791 OF 2010 Ram s/o Tukaram Dedewad & others .. PETITIONERS VERSUS The Divisional Commissioner, Aurangabad & others .. RESPONDENTS Mr. V.J. Dixit, learned Senior Counsel instructed by Mr. E.G. Irale, advocate for the petitioners. Mr. N.N. Jadhav, AGP for the State. Mr. P.R. Tandale, advocate for respondent no. 2. ===== CORAM : R. M. BORDE, J. DATE : 8 th OCTOBER, 2010. PER COURT : 1 The petition can be disposed of by issuing direction to the State Government to entertain the appeal and dispose of the same in accordance with provisions of law. 2 2 The petition is presented raising exception to the order passed by the Divisional Commissioner holding the petitioners who are members of the Village Panchayat, disqualified to continue as the members of the Village Panchayat. Order is passed taking recourse of section 39 of the Bombay Village Panchayat Act. It is pointed out that alternate remedy is available under section 39(3) of the Act is to prefer appeal to the State Government. Petitioner contends that appeal was infact tendered on 30-8-2010 however, the same was returned back. In these circumstances, without going into the merits of the controversy involved in the matter, it would be appropriate to direct the State Government to entertain and decide the appeal. Petitioners undertake to present the appeal within a period of three weeks from today. The State Government would consider pendency of petition in this court while considering the question of condonation of delay in entertaining the appeal. It is also further directed to the State Government to entertain the appeal and decide the same in accordance with provisions of law. The effect and operation of the order passed by the Divisional Commissioner, Aurangabad on 23-8-2010 shall stand stayed for a period of four weeks from today. With these directions, the petition stands disposed of. 3 3 Pending civil application, if any, does not survive and stands disposed of. 4 Authentic copy of this order be supplied to the parties. ( R. M. BORDE, J.) dyb/office/wp8791.10.odt