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2014 Supreme(Bom) 847

B.P.DHARMADHIKARI, P.R.BORA
Bhagat Gopaldas Thakrani – Appellant
Versus
State of Maharashtra, through Secretary, Urban Development Department – Respondent


Advocates Appeared:
For the Petitioners:J.T. Gilda, Advocate.
For the Respondents:R1 to R4, N.P. Mehta, Asstt. Govt. Pleader, R5, A.B. Moon, Advocate.

JUDGMENT

B.P. Dharmadhikari, J.

1. Challenge in all these 3 Writ Petitions by the elected Municipal Councilors of Municipal Council, Gondia is identical. Three petitioners in these three petitions seek a direction to respondent no.2 - Divisional Commissioner and respondent no.3 - Collector to decide applications at Annexures – H and I, filed by them seeking transfer of matters against them from respondent no.4 - Additional Collector to Collector, Gondia or any other Authority in Gondia District on account of loss of faith. Other prayer is for a writ to transfer those proceedings and till then to stay further proceedings in Disqualification Petition No.45/2012 (New No.36/9/1213).

2. This Court has while issuing notice in the matter on 17.01.2014 heard the Counsel for caveator (Respondent no.5) and stayed the declaration of any order by respondent no.4 - Additional Collector. On 12.03.2014 this Court permitted respondent no.4 to pronounce his orders with a direction that said order shall not be given effect to till 18.03.2014. Considering the controversy involved in the matters, by consent of parties, Rule issued was made returnable forthwith on 18.03.2014 and parties were heard final






















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