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Bombay High CourtWP/3030/2018disposed off

Smt. Jayashree Dnyaneshwar Gunjal v. The State Of Maharashtra And ORS.

2018-03-12Hon'Ble Shri Justice R.D. Dhanuka2 pages

ppn 1 12.wp-3030.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3030 OF 2018 Jayashree Dnyaneshwar Gunjal ..

Petitioner Vs.

State of Maharashtra & Ors.

..

Respondents --- Mr.Sachin Gite for the petitioner.

Mr.S.H.Kankal, AGP for the respondent nos.1 to 3. Mr.R.N. Gite for the respondent no.7.

--- CORAM : R.D. DHANUKA, J.

DATE : 12th March 2018 P.C.:

.

Heard Mr.Kankal, learned AGP appearing for the respondent nos.1 to 3. All the respondents are served. None appears for the respondent nos.4 to 6 though served.

2.

I have heard the learned counsel for the petitioner, learned AGP for the respondent nos.1 to 3 and the learned counsel for the respondent no.7.

3.

It is not in dispute that appeal filed by the petitioner against the impugned order is pending before the learned Divisional Commissioner, Nashik. Stay application is also pending before the Appellate Authority. Learned counsel appearing for the parties state that the matter is placed before the Appellate Authority on 16th March 2018. 4.

The Appellate Authority shall dispose of the appeal itself on the next date or in any event within a period of three months from the

ppn 2 12.wp-3030.18.doc date of next meeting. Ad-interim protection granted by this Court by this Court on 8th March 2018 to continue during the pendency of the appeal before the Appellate Authority. It is made clear that if the Appellate Authority is not able to dispose of the appeal on the next date of hearing, the Appellate Authority shall ,in that event, hear the parties on the application of interim relief and dispose of the same. 5.

It is made clear that if any adverse order passed by the Appellate Authority on the application of interim relief, ad-interim order passed by this Court to continue for a period of one week from the date of communication of such adverse order, if any, passed by the Appellate Authority. The Appellate Authority shall decide the appeal as well as the application for stay on its own merits without being influenced the fact that this Court had granted ad-interim order. 6.

Writ petition is disposed of in aforesaid terms. No order as to costs. Parties as well as the Appellate Authority to act on the authenticated copy of this order.

R.D. DHANUKA, J.