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Bombay High CourtWP/7028/2017disposed off

Narayan Bandu Patil And ORS. v. Additional Commissioner, Pune And ORS.

2017-06-29Hon'Ble Smt. Justice Vibha Vasant Kankanwadi,Hon'Ble Shri Justice A.S. Oka2 pages

wp7028 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7028 OF 2017 Narayan Bandu Patil and Ors.

...Petitioners

vs.

Additional Commissioner, Revenue Department, Pune & Ors.

...Respondents

Mr.Chetan G. Patil for the Petitioners Ms N.M.Mehra, AGP for the State CORAM : A.S.OKA, & SMT.VIBHA KANKANWADI, JJ.

DATE : JUNE 29, 2017 P.C.:

.

Not on board. Taken on board.

Heard the learned counsel for the petitioners. Yesterday, a grievance was made that the separate appeals preferred by the petitioners (copies of which are at Exh-F (collectively) are not being taken up by the Additional Divisional Commissioner,Pune.

The learned AGP has placed on record a letter dated 28th June 2017 addressed to her by the Additional Divisional Commissioner, Pune Division, Pune stating that the appeals will be dealt with by the Divisional Commissioner, Pune. On oral instructions, she further states that the appeals will be disposed of within a period of two months from today.

wp7028 The learned counsel for the petitioners seeks stay of the orders of disqualification passed on 12th April which are subjected to aforesaid appeals. The orders of disqualification are operative from 12th April 2017. Therefore, as of today, no protection can be granted. If the Appellate Authority is satisfied that the orders of disqualification are erroneous, the Appellate Authority is bound to grant necessary relief.

Hence, we dispose of this petition by passing the following order:

(I) We direct the Additional Divisional Commissioner, Pune Division, Pune to hear and decide the appeals preferred by the petitioners copies of which are annexed as Exhibit-F (collectively) as expeditiously as possible and in any event, within a period of two months from today;

(II) We direct the petitioners to appear in the office of the Divisional Commissioner, Pune Division, Pune on 11th July 2017 at 11.00 a.m.; (III) The petitioners shall produce an authenticated copy of this order on that date; (IV) The date for hearing the appeals shall be fixed on that date;

(V) All contentions on merits are kept open.

(VIBHA KANKANWADI,J.) (A.S.OKA,J.)