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Bombay High CourtWP/1197/2023rule absolute

Somabai Ramesh Kadam And Others v. The Additional Commissioner And Others

2023-01-31Hon'Ble Shri Justice Arun R. Pedneker3 pages

1 wp 1197.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 906 WRIT PETITION NO.1197 OF 2023 1.

Somabai W/o. Ramesh Kadam, Age:50 years, Occu.: Household, 2.

Achyut S/o. Eknath Bondare, Age:44 years, Occu.: Agril., 3.

Balaji S/o. Yadu Matore, Age: 25 years, Occu.: Agril., All R/o. Dhanora (Makta), Tq. Loha .. Petitioner

Versus

1.

The Additional Commissioner, Aurangabad Division, Aurangabad 2.

The Collector, Collector Officer, Nanded, Tq. & Dist.: Nanded 3.

Kantabai W/o. Shivdas Gaykhar, Age: 52 years, Occu.: Household, R/o.: Dhanora (Makta), Tq.: Loha, Dist.: Nanded 4.

Ankush S/o. Shivaji Rathod, Age: 38 years, Occu.: Agri., R/o.:Shivaji Nagar Tanda, Post Dhanora (Makta), Tq.: Loha, Dist.: Nanded 5.

The Sub-Divisional Engineer, Public Works Division Office, Loha, Tq.: Loha, Dist.: Nanded 6.

The Block Development Officer, Officer of Panchayat Samittee, Loha, Tq.: Loha, Dist.: Nanded

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The Gramsevak, Grampanchayat Dhanora (Makta), Tq.: Loha, Dist.: Nanded ...

Advocate for Petitioners: Mr. Gaikwad Anil M. AGP for Respondent/State: Mr. S. P. Tiwari Advocate for Respondent No.4: Mr. Mahesh P. Kale Advocate for Respondent No.6: Mr. S. B. Pulkundwar ...

CORAM: ARUN R. PEDNEKER, J.

DATE:

31st JANUARY, 2023 ORAL JUDGMENT:

1.

Since the parties are already on caveat, I have heard the matter.

2.

Rule. Rule returnable forthwith. With consent of parties heard finally.

3.

As any observations on merits of the order passed by the Collector would prejudice the rights of the parties before the appellate authority, in the fitness of things, the impugned order dated 02.12.2022 of the Collector is stayed and the appellate authority i.e. Additional Commissioner, Aurangabad Division, Aurangabad is directed to decide the appeal as expeditiously as possible.

3 wp 1197.2023 4.

The Act itself provides for a statutory period for disposal of appeal and the endeavour be made to comply with the same.

5.

Rule made absolute in above terms.

6.

The Writ Petition stands disposed of.

[ARUN R. PEDNEKER, J.] marathe