Sachin Dilip Pasalkar v. Shri. Hemant Pandurang Sawant And ORS.

(2) WP 855-17 Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 855 OF 2017 Sachin Dilip Pasalkar .. Petitioner Vs.

Shri Hemant Pandurang Sawant & Ors.

.. Respondents Mr. Rajesh Jadhav for the Petitioner.

CORAM : A. S. GADKARI, J.

DATE : 10 th AUGUST, 2017.

P. C. :

1.

The present petition under Article 227 of the Constitution of India is preferred against the interlocutory order dated 03.10.2016 passed by the Additional Commissioner, Pune Division, Pune thereby rejecting the stay application of the petitioner in Revision Application No. RTS/REV/PUNE/301/2016.

2.

Learned counsel for the petitioner submitted that while passing the impugned order, the concerned authority did not assign elaborate reasons and the order is very cryptic. The record indicates that in RTS Appeal No. 413/2014 preferred by the petitioner, the Sub-Divisional Officer had cancelled the Mutation Entry No. 4327 dated 31.12.2011 certified by the Circle Officer, Daund, Taluka Daund, District Pune. In an appeal preferred by the respondents bearing RTS/2A/568/2016, the Additional Collector, Pune by allowing the said appeal has upheld the 1/2

(2) WP 855-17 certification of Mutation Entry No. 4327 and has set aside the order dated 29.04.2016 passed by the Sub-Divisional Officer, Daund. The petitioner has preferred the aforestated Revision bearing RTS/REV/PUNE/301/2016 before the Additional Commissioner, Pune which is pending for final adjudication. It clearly appears that the concerned authority after perusing the record has reached to the conclusion that stay to the order allowing the appeal preferred by the respondent is not necessary. Though, the order is not an elaborate order, according to me, the reason for rejecting the stay application has been mentioned in the said order. In view thereof, I find that there is no error or illegality in the order dated 03.10.2016 passed by the Additional Commissioner, Pune Division, Pune.

The petition being devoid of merits is accordingly rejected. [A. S. GADKARI, J.] 2/2