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Bombay High CourtWP/8158/2017disposed off

Archana Vilas Bhokare v. Kiran Shankarrao Bhillare And ORS.

2017-07-19Hon'Ble Shri Justice K.K. Tated2 pages

524.8158.17-wp FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8158/2017 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. C. G. Gavanekar i/b. Suhas S. Deokar for the petitioner Mr. V. V. Ugale for respondent No.1.

Mrs. V. S. Nimbalkar, AGP for respondent Nos.2 and 3.

CORAM : K. K. TATED, J.

DATE : JULY 19, 2017 P.C.:

1.

Mentioned. Not on board. At the request of learned counsel for the petitioner, the matter is taken on board for urgent orders.

2.

By this petition under Article 226 and 227 of the Constitution of India the Petitioner challenges the order dated 16.06.2017 passed by the Additional Divisional Commissioner, Pune Division, Pune in Appeal Outward No.A/ GRAMP/ SO/ 09/ 2016 and order dated 30.05.2017 passed by the Additional Collector, Pune in Dispute Application No.07/2017.

Basavraj G Patil 1/2

524.8158.17-wp 3.

By order dated 16.07.2017 the Additiional Commissioner declined to grant stay to the order passed by the Collector. Hence, the petitioner filed the Writ Petition.

4.

During the course of argument, the learned counsel for the petitioner submits that she has already handed over the post of Sarpanch to UpSarpanch. Moreover, the matter is kept before the Additional Commissioner on 28.07.2017.

5.

Considering these facts, without going into the merits, following order is passed:

a.

The Additional Commissioner, Pune is directed to decide the appeal preferred by the petitioner being Appeal No.09/2016 on merits on 28.07.2017.

b.

The learned AGP is directed to communicate this order to the concerned office immediately. c.

The Writ Petition stands disposed of in view of these directions.

d.

All contentions of the parties are kept open including filing of additional documents before the Authority.

JUDGE Basavraj G Patil 2/2