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Bombay High CourtWP/8669/2016disposed off

Mr. Rajendra Sahebrao Pansare v. Mr. Ashok Malhari Pansare And ORS.

2017-02-09Hon'Ble Shri Justice R.M. Savant.2 pages

(906)-WP-8669-16.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8669 OF 2016 Mr. Rajendra Sahebrao Pansare ..Petitioner

Versus

Mr. Ashok Malhari Pansare and others ..Respondents Mr. Chaitanya Nikte for the Petitioner.

Mr. S. S. Prabhune for the Respondent No.1.

Mrs. V. S. Nimbalkar, AGP for the Respondent Nos.2 to 4. CORAM : R. M. SAVANT, J.

DATE : 9th FEBRUARY, 2017 P.C.

The order dated 27.06.2016 rejecting the application for stay filed by the Petitioner is taken exception to by way of the above Petition. The application for stay was filed by the Petitioner in the Appeal filed by him against the order dated 30.05.2016 passed by the Additional Collector disqualifying the Petitioner under Section 14(a-1) of the Maharashtra Village Panchayat Act, 1958. The Petitioner is a elected member of the Gram Panchayat, Patas, Taluka Daund, Distrct Pune. The Learned Counsel for the Respondent No.1 is agreeable to the stay being granted but states that the Appeal be directed to be disposed of within a particular time frame. Hence the following directions are issued :- I) Pending the Appeal filed by the Petitioner there would BGP.

(906)-WP-8669-16.doc.

be interim stay to the order dated 30.05.2016 passed by the Additional Collector.

II) The Additional Commissioner is directed to hear and decide the Appeal latest by 15.05.2017.

III) Needless to state that the contentions of the parties are kept open for being urged before the Additional Commissioner. The Additional Commissioner would decide the Appeal on its own merits and in accordance with law.

IV) Parties to appear before the Additional Commissioner on 22.02.2017.

V) The Learned Counsel for the parties i.e. Mr. Chaitanya Nikte and Mr. S. S. Prabhune assure this Court that their respective clients would appear before the Additional Commissioner on the said day. In view thereof, the need to issue notice is obviated. With the aforesaid directions, the Writ Petition is disposed of. [R.M.SAVANT, J] BGP.