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Bombay High CourtWP/6875/2023disposed offdismissed for default

Dhananjay Bhaskar Patil v. The State Of Maharashtra Through Its Secretary And Others

2023-06-26Hon'Ble Shri Justice Kishore C. Sant2 pages

( 1 ) wp6499.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 23 WRIT PETITION NO.6499 OF 2023 DHANANJAY BHASKAR PATIL

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 24 WRIT PETITION NO.6505 OF 2023 DHANANJAY BHASKAR PATIL

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 25 WRIT PETITION NO.6542 OF 2023 DHANANJAY BHASKAR PATIL

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 27 WRIT PETITION NO.6875 OF 2023 DHANANJAY BHASKAR PATIL

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS Mr.G.J.Pahilwan, Advocate for the petitioners. Mr.K.N.Lokhande, Mr.K.B. Jadhavar and Mr.S.B. Pulkundwar, AGPs for the respondent/State in the respective petitions. Mr.A.N.Nagargoje, Advocate for respondent No.7.

CORAM

:

KISHORE C. SANT, J.

DATED :

26.06.2023 PC :- 01.

The petitioner has prayed for quashing and setting aside the order passed by the learned Additional Divisional Commissioner, Aurangabad granting stay to the order dated 27.04.2023 passed by the learned Collector in the dispute under the Maharashtra Village Panchayats Act.

( 2 ) wp6499.23 02.

The learned AGP waives notice for respondent Nos.1 to 4. Learned Advocate Mr. Nagargoje waives notice for respondent No.7. 03.

Learned AGP and learned Advocate for respondent No.7 vehemently oppose the petition saying that since appeals are pending before the learned Additional Divisional Commissioner and he has rightly used his discretion and granted stay. If the appeal filed by respondent No.7 is allowed, the position will become irreversible. The learned AGP submits that the learned Additional Commissioner has rightly exercised the jurisdiction vested in it and the writ petitions need not be entertained. 04.

Considering this, these petitions can be conveniently disposed off by by directing the learned Additional Commissioner to decide the appeals pending before him within stipulated period. Hence, following order :-

O R D E R

(i) The petition stands disposed off.

(ii) The learned Additional Commissioner is expected to decide the appeals within the period stipulated under the Act. [KISHORE C. SANT, J.] snk/2023/JUN23/wp6499.23