Rahul Ramesh Ambesange v. The Divisional Commissioner Aurangabad And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1785 OF 2016 Pundlik Subhashrao Gurude Petitioner

Versus

The Divisional Commissioner, Aurangabad & others Respondents WITH WRIT PETITION NO.1787 OF 2016 Rahul s/o Ramesh Ambesange Petitioner

Versus

The Divisional Commissioner, Aurangabad & others Respondents Mr.S.V.Natu, advocate for the petitioners.

Mr.B.V.Virdhe, A.G.P. for Respondents.

CORAM : R.M.BORDE & A.I.S.CHEEMA, JJ.

DATE : 12th February, 2016 PER COURT:

It is not a matter of dispute that the substantive appeals, challenging the order passed by the District Collector on 07.12.2015, are pending before the Divisional Commissioner, Aurangabad. In such circumstances, the District Collector should not have taken recourse to sealing control rooms of the petitioners.

In the peculiar facts and circumstances of this case, we grant protection to the petitioners for the period of ten days

{2} wp178516.odt from effecting coercive recovery of the amount under the orders passed by the District Collector on 07.12.2015. It is informed that the appeals are posted for hearing on 15.02.2016. It would be open for the petitioners to pray for grant of interim relief or for expeditious disposal of the respective appeals pending before the Divisional Commissioner. The Collector shall ensure removal of seal put to the control rooms operated by the petitioners forthwith.

With the directions as above, both the writ petitions stand disposed of.

A.I.S.CHEEMA R.M.BORDE JUDGE JUDGE adb/wp178516