( 1 ) FARAD CONTINUATION SHEET NO. IN THE COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR. W.P.NO.3546/2008 Prashant Shyamsundar Rathi -vs- State of Mah. and others. Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. CORAM : B.P. DHARMADHIKAR, J. DATE : 12/12/2008 The matter is being considered since long and yesterday the original proceeding book in dispute was produced before this Court. After hearing parties, it is noticed that initiation of proceedings under Sec.39 (1) of Bombay Village Panchayats Act, 1958 is not in accordance with section as amended in 2006. Advocate Saboo for petitioner states that petitioner has done whatever possible and because of amendment, this technical irregularity is cropping up. He states that said complaint should be reprocessed again by respondent No.2 in accordance with ( 2 ) requirement of Sec.39 (1) and till then the proceeding book should be preserved in safe custody of respondent No.3. He further states that time bound directions for that purpose may be given. Learned AGP states that if this Court orders, the steps in accordance with law will be initiated. In these circumstances and in the interest of justice, I find it proper to direct respondent No.2 to consider provisions of Sec.39 (1) as amended and to consider the grievance made by petitioner before him in that light and to complete the further proceedings under Sec.39 (1) as early as possible and in any case by 30th April, 2009, after giving due opportunity in accordance with law to the parties. The proceeding book produced before this Court by respondent No.3 through its counsel shall be kept in a sealed condition as it is and shall be made available to respondent No.2 as and when called by him. In view of these directions, nothing survives in this writ petition. Writ petition disposed of. No costs. ( 3 ) It is made clear that the order passed by the respondent No.1 is quashed and set aside only for the purpose of enabling the respondent No.2 to conduct fresh enquiry. JUDGE gsk