Manohar Bhikaji Ghode v. State Of Maharashtra Through Divisional Commissioner, Nashik Div. And ANR

23 - WP. 1808-2020 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 1808 OF 2020 Manohar Bhikaji Ghode ...

Petitioner Vs.

State of Maharashtra & Anr.

...

Respondents *** Mr. Harshad M. Inamdar, for the Petitioner.

Ms. M. S. Bane, AGP for Respondent No. 1.

Mr. Sachin Gite, for Respondent No. 2.

*** CORAM : C. V. BHADANG, J.

DATE : FEBRUARY 27, 2020 PC :

1.

This petition can be disposed on a short count. The Petitioner has been disqualified on the ground that the Petitioner is having three children, which aspect is challenged by the Petitioner. Indisputably, an appeal, filed by the Petitioner challenging the order of disqualification, is pending before the Divisional Commissioner, Nashik, in Village Panchayat Appeal No. 11 of 2020. The learned counsel for the Petitioner states there is an application for stay, which by Vinayak P.

Halemath Date:

2020.02.29 18:32:59 +0530 Vinayak P.

Halemath is filed before the appellate authority. The contention is that the said stay application has not been decided. The learned counsel for the second respondent, who is the original complainant, states that he has filed a caveat before the appellate authority and the appeal can be 1 / 2

23 - WP. 1808-2020 disposed of expeditiously alongwith the application for stay, if any. 2.

Considering the over all circumstances, the petition is disposed of directing the Divisional Commissioner, Nashik to decide Village Panchayat Appeal No. 11 of 2020 on its own merits and in accordance with law, as expeditiously as possible and preferably within six weeks from the receipt hereof. It will be open to the appellate authority to consider the application for stay independently, if so pressed. The petition is accordingly disposed of in the aforesaid terms, with no order as to costs.

Sd/- C. V. BHADANG, J.

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