Shri. Sitaram Mahadeo Parkhi v. The State Of Maharashtra, Through District Collector, Pune And ANR

rpa 1/2 wp-7161-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7161 OF 2014 Sitaram Mahadeo Parkhi .. Petitioner Vs.

The State of Maharashtra & Anr.

.. Respondents WITH CIVIL APPLICATION NO.3030 OF 2016 Pravin Nemichand Nahar (Since deceased through his LRs.) .. Applicants

IN THE MATTER BETWEEN :

Sitaram Mahadeo Parkhi .. Petitioner Vs.

The State of Maharashtra & Anr.

.. Respondents ......

Mr. Amit Borkar, Advocate for the Petitioner. Mr. Vikas Mali, AGP for Respondents.

Mr. Sumit Kothari, Advocate for the Applicants in C.A. 3030 of 2016.

......

CORAM : SHANTANU S. KEMKAR AND PRAKASH D. NAIK, JJ.

DATED :

JANUARY 13, 2017.

P.C. :

Heard the learned counsel appearing for the parties. Learned counsel appearing for the petitioner as well as the learned counsel appearing for the intervenor submits that the appeal filed before the Appellate Authority at the instance of the intervenor is still pending before the Additional Commissioner,

rpa 2/2 wp-7161-14.doc Pune. Learned counsel appearing for the intervenor stated that infact vide order dated 28th July, 2016, a Division Bench of this Court had directed the Appellate Authority to decide the said Appeal i.e. RTS Appeal No.26 of 2016 as expeditiously as possible and within a period of two weeks from the date of receipt of copy of the order. Learned counsel appearing for the petitioner as also the learned counsel appearing for the intervenor stated that the said Appeal has not yet been decided by the Additional Commissioner.

In view of the aforesaid, we are constrained to observe that when the Division Bench of this Court has already ordered to decide the Appeal within two weeks, it is strange that the Appellate Authority has not decided the Appeal as yet. Be that as it may, we direct now the Appellate Authority (Additional Commissioner) to decide the said Appeal finally within a period of two weeks from the date of appearance of the parties before him. Parties to appear before him on 23rd January, 2017 at 11.00 a.m. With the aforesaid directions, Writ Petition and Civil Application both are disposed of.

All contentions raised on merits are kept open.

(PRAKASH D. NAIK, J.) (SHANTANU S. KEMKAR, J.)