(1) WP. 877.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.877 OF 2010 Rajkumar Pralhadrao Akangire .. Petitioner VERSUS The State of Maharashtra and others .. Respondents Mr. H.V. Patil, Advocate for the Petitioner Mr. S.V. Kurundkar, Addl. G.P. for the respondent-State Mr. P.G. Deshmukh, Advocate h/f. Mr. H.A. Joshi, Advocate for the respondent no.5 Mr. V.D. Hon, Advocate for respondent nos.6 and 7 None present for respondent no.8 and 9 ... CORAM : V.R. KINGAONKAR, J. DATED : 1ST JULY, 2010 ORAL ORDER:- 1] By this Petition, the petitioner challenges the authority of the Additional Collector to decide the dispute under the provisions of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 and transfer order dated 9.6.2009 rendered by learned Divisional Commissioner, Aurangabad. (2) WP. 877.2010 2] It appears that proceedings were initiated by the respondent no.5 against the petitioners and the respondent no.6 to 9. It appears that the respondent no.5, during pendency of the proceedings, expressed certain distrust in the fairness of the enquiry by the Collector. The learned Divisional Commissioner, therefore, transferred the proceedings to the learned Additional Collector, Latur. The Respondent no.5 objected the transfer of the proceedings on the ground that the Additional Collector cannot entertain the matter in view of absence of delegated powers. The respondent no.5 filed such application (Ex. E to the Petition). The Additional Collector however, did not consider the jurisdictional issue. The enquiry proceeded and is at the fag end. 3] Now at the fag end of such enquiry, the petitioner is challenging the transfer order and jurisdiction of the Additional Collector. 4] Having heard learned counsel and learned Addl. G.P., it appears that there is no proper delegation of powers to deal with the appeals under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 and the Government Circular dated 30th April, 1992 specifically delegates such powers to the Collector which can be delegated by the learned Divisional Commissioner to the (3) WP. 877.2010 Additional Collector after prior permission of the Government. It appears that there is probability of the orders of the Additional Collector being rendered non-est for want of delegated powers in appropriate manner. In order to cure the defect, the learned Divisional Commissioner shall obtain prior permission/approval of the Government, ex-post facto, to the transfer of the matter which has been already effected. If such permission is obtained within a period of 3 weeks, then the Additional Collector may proceed to decide the matter without any difficulty on it’s own merits and till then he shall stay the further proceedings. With these observations the Petition is disposed of. 5] The parties to act on copy of this order duly authenticated by the Court Sheristedar. The Additional Government Pleader to inform the learned Divisional Commissioner to immediately take necessary steps. Sd/- [V.R. KINGAONKAR, J.] arp