1 wp9502.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 9502 OF 2010 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. V.J. Dixit, Senior Counsel with Mr. A.N. Nagargoje, Advocate for petitioner. Mr. Vinay Anjanvatikar holding for Mr. V.D. Hon, Advocate for respondent no.1. Mr. K.J. Ghute-Patil, A.G.P. for respondent nos.2 and 3. 1. Heard Senior Counsel Mr. V.J. Dixit with Advocate Mr. A.N. Nagargoje for petitioner. Advocate Mr. Vinay Anjanvatikar for respondent no.1 and learned A.G.P. for respondent nos.2 and 3. 2. It is admitted position that after the order of this Court dated 14th December, 2009 in Writ Petition no. 6430 of 2009, the petitioner moved an application raising preliminary objection in proceedings for disqualification i.e. the complaint No. 31 of 2009 on the file of the Collector on 30th March, 2010. The Collector has still not framed the preliminary issue. On the contrary, on 04.10.2010 he has passed the order stating that the 2 wp9502.10 hearing on preliminary objection was already over and hence the date 14.06.2010 was fixed and petitioner was already called upon to submit his explanation on the charges as framed on 14.06.2010. 3. By placing reliance upon the unreported judgment of the Hon'ble Apex Court dated 10th December, 2010 in Civil Appeal Nos. 10452 to 10457 of 2010, (Kedar Shashikant Deshpande etc V/s Bhor Municipal Council & ors), learned Senior Counsel has urged that the preliminary issues need to be framed and decided first. The charges can thereafter be only framed. 4. Advocate Mr. Anjanvatikar for respondent no.1 upon instructions states that the respondent no.2- Collector may be asked to frame issues in accordance with law at the earliest. 5. In view of this, the act of framing of charges on 14.06.2010 is set aside. The respondent no.2-Collector shall frame preliminary issues and decide the same as early as possible and in any case within a period of two months from the date of communication of this order to him. 6. For that purpose, the order dated 04.10.2010 in the shape of final notice to the petitioner and also the order dated 16.10.2010 are quashed and set aside. 3 wp9502.10 7. The parties to appear before the respondent no.2- Collector on 28th January, 2011 and the Collector shall thereafter frame the preliminary issues as required by law by 4th February, 2011. He shall thereafter decide the same after giving necessary opportunity to the parties as early as possible and in any case within a period of two months, as already mentioned above. 8. Rule is made absolute accordingly. In view of the facts and circumstances of the case, no order as to costs. (B.P. DHARMADHIKARI) JUDGE. 18.01.2011 gas/wp9502.10