Shri. Ravindra Ramnath Pawar v. Shivaji Bhikaji Pawar And ORS

2023:BHC-AS:28760 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12042 OF 2023 Ravindra Ramnath Pawar .Petitioner Vs.

Shivaji Bhikaji Pawar & ors.

.Respondents Mr. Surel S. Shah i/b. Mr. Sachin Gite, Advocate, for the Petitioner Mr. Kishor Patil i/b. Mr. Pratik B. Rahade, Advocate, for Respondent Nos. 1 & 2 Mr. P. G. Sawant, AGP, for Respondent Nos. 5 & 6 - State

CORAM

:

MADHAV J. JAMDAR, J.

DATE :

29.09.2023 P. C.

1.

Heard Mr. Shah, learned counsel appearing for the Petitioner, Mr. Patil, learned counsel appearing for Respondent Nos. 1 & 2 and Mr. Sawant, learned AGP appearing for Respondent Nos. 5 & 6 - State.

2.

The Petitioner has impugned the order dated 22.09.2023 passed by the learned Deputy Commissioner, Nasik Division, Nasik in Grampanchayat Appeal No. 151 of 2023, by which the stay Application fled by the Petitioner has been rejected.

3.

Mr. Shah, learned counsel appearing for the Petitioner has raised several contentions and Mr. Patil, learned counsel appearing for Respondent Nos. 1 & 2 strongly opposes the Petition. However, learned AGP appearing for Respondent Nos. 5 & 6 - State after taking instructions, states that the said Grampanchayat Appeal No. 151 of 2023 is scheduled to be heard on 06.10.2023 and same will be disposed of on or before 27.10.2023.

4.

In view of statement made by learned AGP, it is not necessary to go into rival contentions and the Petition can be conveniently disposed of by passing the following order. O R D E R (i) The order dated 22.09.2023 passed by learned Additional Commissioner, Nasik Division, Nasik in Grampanchayat Appeal No. 151 of 2023 is quashed and set aside till disposal of the Grampanchayat Appeal No. 151 of 2023. The order dated 21.09.2023 passed by learned Additional Collector, Nasik in Grampanchayat Dispute Application No. 31 of 2023 shall remain stayed;

(ii) Learned Additional Commissioner, Nasik Division, Nasik is requested to dispose of the said Grampanchayat Appeal No. 151 of 2023 as expeditiously as possible and in any event, on or before 27.10.2023.

5.

The Writ Petition is disposed of in above terms with

no order as to costs.

6.

It is clarifed that this Court has not considered the merits of the Writ Petition and all the contentions on merits are expressly kept open.

(MADHAV J. JAMDAR, J.)