lpa196.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD LETTERS PATENT APPEAL NO. 196 OF 2010 Salimoddin Chiragoddin Shaikh .. APPELLANT. VERSUS Jalaloddin Kadir Shaikh & others .. RESPONDENTS Mr. B.R. Waramaa, advocate for the appellant. Mr. P.P. More, AGP for respondent nos. 4 to 6. Mr. Girish Rane, advocate for respondent nos. 2 and 3. ===== CORAM : D.B. BHOSALE & R.M. BORDE, JJ. DATE : 1 st FEBRUARY, 2011 PER COURT : 1 Heard learned counsel for the parties. 2 In this Letters Patent Appeal, the appellant has impugned the order passed by the learned Single Judge by which Writ Petition no. 187/2010 filed by the appellant has been dismissed. The petition was arising from the order passed by the Collector dated 13 th October, 2005, on the application filed by respondent no. 1 to take action against the petitioner for disqualification lpa196.10 2 under section 44(e) of the Maharashtra Municipal Council, Nagar Panchayat and Industrial Township Act, 1965 ( for short “the Act”). 3 Learned counsel for the appellant at the outset submitted that while deciding the application under section 44(e) of the Act, the Collector had no jurisdiction / power to issue directions for removal of encroachment or commencing the process for such removal. 4 We have perused the order passed in the writ petition. The learned Single Judge in writ petition under Articles 226 and 227 of the Constitution of India, has made reference to section 307 (b) of the Act and observed that the Collector was justified in issuing such directions. Merely because the impugned direction was issued by the Collector, does not mean that the Council is not expected to follow the due procedure for removal of encroachment. It is made clear in the order itself that the petitioner will be at liberty to give reply to the show cause notice and agitate all his legal objections as and when the show cause notice will be issued by the Council in pursuance of the directions issued by the Collector. In the circumstances, we find no merit in the appeal. Appeal stands disposed of. lpa196.10 3 5 At this stage, learned counsel for the appellant seeks extension of time to file reply to the show cause notice already issued by the Council. Time to file reply is extended by four weeks from today. It is made clear that no further extension will be granted and the Council will have a liberty to proceed in accordance with the law. ( R. M. BORDE ) ( D.B. BHOSALE ) JUDGE JUDGE dyb