Sangeeta Parasram Karandekar v. The Divisional Commissioner Chatrapati Sambhajinagar And Others

2025:BHC-AUG:8547 1 909-wp 3656-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3656 OF 2025 Sangeeta Parasram Karandekar .. Petitioner

Versus

The Divisional Commissioner Chhatrapati Sambhajinagar And Others .. Respondents Mr. Umakant B. Deshmukh, Advocate for the Petitioner. Mr. K. N. Lokhande, AGP for Respondents/State. Smt. Megha Y. Mali, Advocate h/f Smt. Yogita Thorat, Advocate for Respondent No. 5.

CORAM :

KISHORE C. SANT, J.

DATED : 20th MARCH, 2025.

P. C. :- .

Heard the parties for some time.

2.

The present petitioner, declared to be disqualified under Section 14 (1) (g) of the Maharashtra Village Panchayats Act, has approached this Court challenging rejection of his application seeking stay to the order passed by the learned Collector. The learned Divisional Commissioner has refused to grant stay by its order dated 13.02.2025. It is the case of the petitioner that the learned Collector decided a dispute filed by respondent No. 4 on 09.12.2024. Immediately on 12.12.2024 the petitioner approached the learned Divisional

2 909-wp 3656-2025.odt Commissioner by filing a statutory appeal. The learned Divisional Commissioner instead of deciding interim application, immediately placed it after one month and ultimately passed the impugned order almost after two (02) months of filing of the appeal. The learned advocate submits that, before the learned Collector there was no sufficient material to held the petitioner disqualified. The report given by the Block Development Officer is also not proper and the same is also relied upon by the learned Collector.

3.

This Court finds that, there is no stay till 09.12.2024. Now, restoring the position would be granting final relief which can be granted by the the learned Divisional Commissioner in an appeal. 4.

Considering the above, this Court is not inclined to grant stay. [ 5.

The learned A.G.P. points out that, before the learned Divisional Commissioner the appeal is kept on Monday i.e. 24.03.2025. 6.

In that view of the matter this Court finds that, the petition can be conveniently disposed of with direction to the learned Divisional Commissioner to decide the Appeal No. 2024/GP/Appeal-1/Case No. 132 within six (06) weeks from today.

[ 7.

With this, the writ petition stands disposed of. ( KISHORE C. SANT, J. ) P.S.B.