Ashok Mahadu Mirghe And ORS v. Additional Commissioner Pune And ORS

by PRAJAKTA SAGAR VARTAK Date:

2021.10.21 10:32:20 +0530 PRAJAKTA SAGAR VARTAK 9-wp 3768-21.doc Prajakta Vartak

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3768 OF 2021 Ashok Mahadu Mirghe & Ors.

...Petitioners

V/s.

Additional Commissioner, Pune & Ors.

...Respondents

----- Mr. Chaitanya Nikte for Petitioners.

Mr. P. P. Pujari, AGP for the State.

Mr. Rahul Kadam for Respondents.

----- C0RAM : G. S. KULKARNI, J.

DATE : OCTOBER 20, 2021 PC :

1.

Considering the nature of the impugned order dated 30 March, 2021, in my opinion, it is in the interest of the parties that the revision proceedings itself are taken up and decided by the revisional authority. 2.

This Court by an order dated 11 May, 2021 had granted an interim protection in terms of prayer clause (c) of the petition. As the interim protection has continued for a substantial period, in my opinion, the same ought to be continued till the disposal of the revision proceedings. The revisional authority shall take up the revision application and decide the same as expeditiously as possible and in any event within a period of three months from today. All contentions of the parties are expressly kept open. 3.

The continuation of the interim protection till disposal of the revision proceedings is no impression on the merits of the rival contentions and the 1/2

9-wp 3768-21.doc revisional authority shall decide the same without being influenced by such extension of protection.

4.

At this stage, learned counsel for the petitioners states that he intends to amend the revision application. Needless to observe that if any such application is made, the same be decided by the revisional authority in accordance with law. All contentions in that regard are also expressly kept open.

(G. S. KULKARNI, J.) 2/2