Sagar Ashok Nevase v. The Additional Divisional Commissioner And ORS

Arjun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9566 OF 2023 Shri. Sagar Ashok Nevase

...Petitioner

V/s.

The Additional Divisional Commissioner

...Respondents

Pune Division, Pune Mr. Viraj V. Hake, for the Petitioner.

Mr. Sandeep Phatak, for Respondent No.3.

Mrs. M. S. Srivastava, AGP, for Respondent-State. CORAM :

MADHAV J. JAMDAR, J.

DATED :

NOVEMBER 01, 2023 P.C.:

1.

Heard Mr. Hake, learned counsel appearing for the Petitioner, Mr. Phatak, learned counsel appearing for Respondent No.3 and Mrs. Srivastava, learned AGP for the Respondent-State. 2.

By the present Writ Petition filed under Article 227 of the Constitution of India, the Petitioner has challenged the legality and validity of the order dated 24th July 2023 passed by the learned Additional Divisional Commissioner, Pune Division, Pune, in Appeal No.19 of 2023, by which the stay Application filed in the said Appeal was rejected. In the said Appeal, the challenge was to the legality and validity of the order dated 9th May 2023 passed by the Collector, Satara, by which the Petitioner has been

disqualified by exercising power under Section 14(1)(j-3) of the Maharashtra Village Panchayats Act (Act No.-III of 1959). 3.

A learned Single Judge, by the order dated 3rd August 2023, issued notice to the Respondents and granted stay to the order dated 9th May 2023. The said stay is operating till date. 4.

In view of these circumstances, on the previous occasion, the learned AGP was requested to take instructions about the time limit within which the said Appeal No.19 of 2023 will be disposed of. Mrs. Srivastava, learned AGP after taking instructions, states that the learned Additional Divisional Commissioner, Pune Division, Pune has given instructions that the said Appeal No.19 of 2023 is kept for hearing on 2nd November 2023, and the same will be decided within a period of one month.

5.

Accordingly, the Writ Petition is disposed of by passing the following order :

(1) The learned Additional Divisional Commissioner, Pune Division, Pune, is requested to dispose of the Appeal No.19 of 2023 on or before 30th November 2023.

(2) As the said Appeal is scheduled before the learned Additional Divisional Commissioner, Pune Division, Pune on 2nd November 2023, both the parties are to remain present before the learned Additional

Divisional Commissioner, Pune Division, Pune on 2nd November 2023, at 3:00 p.m..

(3) The contesting parties to co-operate with the learned Additional Divisional Commissioner, Pune Division, Pune for the disposal of the matter in time bound manner.

(4) Till the disposal of the said Appeal No.19 of 2023, the order dated 9th May 2023 passed by the Collector, Satara shall remain stayed.

[MADHAV J. JAMDAR, J.]