By way of the present petition under Article 226 of the Constitution of India, the petitioner has, inter alia, challenged order dated 24.12.2010 passed by the State Government under Section 451(1) of the Bombay Provincial Municipal Corporations Act, 1949 (the Act) and has also further prayed for staying resolution dated 12.08.2011 passed by the General Body of respondent No.2-Corporation.
Considering the challenge made in the petition and considering the provisions of Section 451(3) of the Act which, inter alia, states that the Government may at any time, on representation by the Corporation or otherwise revise, modify or revoke an order passed under sub-section (1). Mr.Tolia, learned advocate for the petitioner, does not press this petition at this stage in order to approach the State Government by filing an appropriate representation/application as provided under Section 451(3) of the Act. Attention was also invited of this Court of a decision rendered by this Court in case of Manhar T. Parmar & Ors. Vs. Jamnagar Municipal Corporation & Ors., 2006(1) G.L.R.
267. If the petitioner files any such representation for revising or invoking earlier order dated 24.12.2010 passed by the State Government, the State Government shall decide the same, after giving an opportunity of hearing to the petitioner, as expeditiously as possible in accordance with law.
With these observations the petition stands disposed of as not pressed.
Sd/-
[R.M.CHHAYA, J ] *** Bhavesh* Top