Shri. Kumar Gorakhnath Shinde And ORS v. Shri. Dattatraya Maruti Bavlekar And ORS

(909)-WP-1271-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1271 OF 2016 Shri. Kumar Gorakhnath Shinde and others .. Petitioners

Versus

Shri. Dattatraya Maruti Bavlekar and others .. Respondents Mr. B. D. Joshi, for the Petitioners.

Mr. A. V. Anturkar, Senior Advocate a/w Mr. D. J. Dalal, for the Respondent No.1.

CORAM : R.M. SAVANT, J.

DATE : 29th APRIL 2016 P.C.

1.

The writ jurisdiction of this Court is invoked against the order dated 20.01.2016 passed by the Collector, Satara, by which order, the applications Exh.103, 104 and 105 filed by the Petitioners in the proceedings pending before the Collector, Satara, for their disqualification were rejected by the Collector, Satara. However, in so far as the above Petition is concerned, the challenge raised is limited to the order passed on Exh.104 which was filed questioning the locus of the Respondent No.1 as an Applicant in the said proceedings. The Learned Senior Counsel Mr. A. V. Anturkar appearing on behalf of the Respondent No.1 i.e. complainant/ aggrieved person states that the hearing before the Collector, Satara is BGP.

(909)-WP-1271-16.doc almost complete and the proceedings are kept on 30.04.2016 only to complete the submissions of the Petitioner. Since the order on Exh.104 is in the nature of an interlocutory order, it is not necessary for this Court to exercise its writ jurisdiction considering the stage at which the proceedings are at present. By leaving the challenge to the said order in so far as Exh.104 open for being raised whilst challenging the final order that may be passed in the said proceedings if the same is adverse to the Petitioner, the above Writ Petition is disposed of. 2.

Needless to state that the contentions of the parties are kept open for being urged at the appropriate time. [R.M. SAVANT, J] BGP.