Kiran Atmaram Patil v. The Sub Divisional Officer And ANR.

ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION WRIT PETITION NO.2468 OF 2016 Kiran Atmaram Patil

...Petitioner

vs.

The Sub Divisional Officer Vasai, Taluka Vasai, Dist.Palghar

...Respondent

Mr.R.V.Govilkar for the Petitioner Mr.V.B.Thadhani, AGP for the respondent CORAM : A.S.OKA, & C.V.BHADANG, JJ.

DATE : FEBRUARY 26, 2016 P.C.:

.

Not on board. Taken on board.

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Leave to amend. Permission is granted to annex the documents.

Heard the learned counsel for the petitioner and the learned AGP for the respondent. The learned AGP on instructions states that the appeal and the application for condonation of delay are pending before the Additional Collector, Palghar at Jawhar. As application for interim relief is also pending, this petition need not be kept pending and the same is disposed of by passing the following order: (I) We direct the petitioner to appear before the Appellate Authority on 4th March 2016 which

is the date fixed for hearing the application for interim relief filed by the petitioner;

(II) The application interim relief shall be decided by the the Appellate Authority as expeditiously as possible and in any event within a period of two weeks from 4th March 2016;

(III) The order passed on the application for interim relief be communicated to the petitioner. Till the date of communication of the order passed on the said application, no coercive action shall be taken against the petitioner on the basis of the order dated 14th January 2008 passed by the Sub Divisional Officer, Bhivandi;

(IV) If the order passed on the stay application be adverse to the petitioner, limited protection granted to the petitioner shall continue to operate for a period of two weeks from the date on which same is communicated to the petitioner;

(V) We make it clear that the application for interim relief shall be decided on its own merits without being influenced by the limited protection granted by this Court;

(VI) All contentions on merits of the application for interim relief are kept open; (VII) Writ petition is disposed of on above terms;

(VIII) All concerned to act upon an authenticated copy of this order.

(C.V.BHADANG,J.) (A.S.OKA,J.)