B.P. Dharmadhikari, J.

By this petition filed under Article 226 of the Constitution of India, Four Corporators of Respondent No.5 – Municipal Corporation seek a direction to quash and set aside the order of Respondent No.2 – the Hon'ble the Chief Minister, State of Maharashtra and consequential orders / steps in pursuance thereto. They submit that amount of Rs.25 crores released to Respondent No. 5 – Municipal Corporation must be permitted to be used by Respondent No.5 – Municipal Corporation in its discretion as per law. Respondent No.5 is a Body Corporate constituted under Maharashtra Municipal Corporation's Act, 1949 (hereinafter referred to as the Act). It has filed reply dated 18.12.2013 in support of the petitioners. This Court has on 24.07.2013 restrained Respondent No.5 – Municipal Corporation from parting with funds which it has received. That order continues to operate even today. In this situation, with the consent of the parties, writ petition is heard finally by issuing Rule and making it returnable forthwith.

2. Respondent No.1 State Government has released grants of Rs.2,50,00,000/as per Government Resolution dated 06.04.2013 to enable Municipal Corporation to