1 10WP.3089-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3089 OF 2011 Pune Outdoor Advertising Association. ..Petitioner. Vs. The Pune Municipal Corporation and another. ..Respondents. .... Mr.A.A. Kumbhakoni, i/b. T.D. Deshmukh, for the Petitioner. Mr.A.Y. Sakhare, i/b. A.P. Kulkarni, for Respondent No.1. Mr.Nitin P. Deshpande, AGP for Respondent No.2. .... CORAM : D. D. SINHA & A. R. JOSHI, JJ. DATED : 12 th JULY, 2011 P.C. 1. Heard learned Counsel for the petitioner, learned Counsel for Respondent No.1 and learned Assistant Government Pleader for Respondent No.2 – State. 2. Learned Counsel for the petitioner has submitted that the petitioner being aggrieved and dissatisfied with Resolution No.479 dated 18.2.2011 passed by the General Body of Respondent No.1 – Corporation in meeting No.67 under Subject No.23/642 pursuant to the resolution of the Standing Committee No.2446 dated 1.2.2011, approached the State Government under Section 451 of the Bombay Provincial Municipal Corporation Act, 1949, which is pending for decision before the State Government. PPD 2 10WP.3089-11 3. Learned Counsel for the petitioner has submitted that in the said appeal / proceeding, the petitioner has also filed an application for consideration of grant of interim relief. It is submitted that the Appeal is pending on the file of the State Government since 13.4.2011. However, the State Government neither considered the Appeal on merits nor considered the application for interim relief. It is, therefore, prayed that direction be given to the State Government to decide the Appeal within a stipulated period and consider the application for grant of interim relief on its own merits within a period of two weeks. 4. The learned Assistant Government Pleader appearing for the State Government has submitted that the Appeal as well as the application for interim relief will be considered by the Government as per the directions of this Court. 5. On the backdrop of the above referred facts, since the appeal is pending with the Government since April, 2011 it will be appropriate to pass the following order :- [i] Writ Petition is disposed of with direction to the State Government to decide the Appeal of the petitioner filed under Section 451 of the Bombay Provincial Municipal Corporation Act, 1949 on its own merits in accordance with law and procedures applicable in this regard within a period of six weeks from the date of 3 10WP.3089-11 communication of this order. Considering the issue involved, it will be appropriate to direct the State Government to consider the application of the petitioner for grant of interim relief on its own merits in accordance with law and procedure applicable in this regard on 26.7.2011 by giving reasonable opportunity to the parties to the Appeal. The petitioner and the respondent undertakes to appear before the State Government accordingly, learned Counsel for the Corporation states that till the application for grant of interim relief is decided by the State Government, the tenders invited pursuant to the advertisement dated 17.5.2009 shall not be finalized. (D. D. SINHA, J.) (A. R. JOSHI, J.)