1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.5902 OF 2007 (Govinda s/o Sitaram Nawalkar vs. Collector, Akola and others) ___________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND SMT. VASANTI A. NAIK, JJ. DATED : JANUARY 7, 2008 Heard Mrs. Dangre, learned Additional Government Pleader for the respondent nos.1 and 2. In the present petition, petitioner has challenged the notice issued by the Tahsildar under Section 33 of the Bombay Village Panchayats Act, 1958 whereby Officers were appointed to hold elections of Sarpanch and Up-sarpanch of village Barshitakli. The dates of election were 23.12.2007 and 24.12.2007 respectively. Mrs. Dangre, learned Additional Government Pleader states that in view of decision of Division Bench of this Court in 2 Sitaram Bansi Pawar vs. State of Maharashtra and others (1998 (2) Mh.L.J. 79), notice is required to be issued by the Collector for fixing the date of election of Sarpanch under Section 33(1) of the Bombay Village Panchayats Act and, therefore, respondent Authorities are withdrawing the notice dated 12.12.2007, which is impugned in the petition, with liberty to issue appropriate notice for fixing the date of elections as per law laid down by this Court. In view of above referred statement made by the learned Additional Government Pleader, cause of action in the petition does not survive. The petition is disposed of accordingly. JUDGE JUDGE khj