Sau. Sulakshana Shailwant-Dhar v. Divisional Commissioner, Pune Division And ORS

905-wp 8567-21.doc Prajakta Vartak

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8567 OF 2021 Sau. Sulakshana Shilwant-Dhar

...Petitioner

V/s.

Divisional Commissioner, Pune Division & Ors.

...Respondents

----- Mr. Chaitanya Nikte with Ms. Sneha Bhange for Petitioner. Mr. S. H. Kankal, AGP for State.

Mr. Rohit Sakhadeo with Mr. Pushkar Nagpurkar for Respondent No.2/PCMC.

Mr. Niranjan Bhavake i/b. Bhavake & Associates for Respondent No.3. ----- CORAM : G. S. KULKARNI, J.

DATE : DECEMBER 21, 2021 PC :

1.

Having considered the order dated 06 December, 2021 passed by this Court and having reconsidered the position of the respondent no.3, learned counsel for the respondent no.3 concedes that the impugned order passed by the Divisional Commissioner was without jurisdiction and authority. He makes a statement that his client now intends to prosecute appropriate proceedings as permissible in law. In view of such stand taken by respondent no.3, nothing would survive for adjudication in this petition. 2.

The petition is disposed of subject to the above observations, while holding that the impugned order dated 24 November, 2021 is illegal for want of jurisdiction. It is hence quashed and set aside. No costs.

(G. S. KULKARNI, J.) 1/1 PRAJAKTA SAGAR VARTAK by PRAJAKTA SAGAR VARTAK Date:

2021.12.21 21:32:09 +0530