Prakash Ratiram Patil v. Rekha Prabhakar Patil And Others

{1} 46 sr.no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6528 OF 2021 WITH CA/7969/2021 IN WP/6528/2021 WITH CA/7970/2021 IN WP/6528/2021 REKHA PRABHAKAR PATIL

VERSUS

STATE OF MAHARASHTRA AND OTHERS Advocate for Petitioner : Mr. S.T. Solanke AGP for Respondent Nos. 1 to 3 : Mr. P.S. Patil CORAM : C.V. BHADANG & SANDIPKUMAR C. MORE, JJ.

DATE : 27 JUNE, 2022.

ORDER :- This petition can be disposed of on a short count. The petitioner came before this court claiming that respondent No. 2, without passing a reasoned order, or communicating any such order, has shown the appeal filed by the petitioner as disposed of. For this purpose, reliance was placed on the letter dated 4 May, 2021, issued by respondent No. 3.

2.

On the last date, the learned AGP, was requested to take instructions, whether any reasoned order is passed. Learned AGP now submits that the appeal will be heard by respondent No. 2 and notices are issued to the parties and the petitioner has appeared before the Appellate Authority and had sought time. He states that respondent

{2} 46 sr.no..odt No. 2 withdraws the stand as mentioned in the letter dated 4 May, 2021, and shall decide the appeal after hearing the parties in accordance with law, and the decision shall be communicated to the parties. The statement so made is accepted.

3.

In view of this, the grievance of the petitioner stands redressed. The petition is accordingly disposed of by directing respondent No. 2 - Additional Commissioner Tribunal Development, Nashik, to hear and decide the appeal, on its own merits, in accordance with law, as expeditiously as possible and preferably within a period of three months from today. The rival contentions of the parties are left open. The decision taken in the appeal shall be communicated to the petitioner.

4.

Pending Civil applications, are disposed of.

SANDIPKUMAR C. MORE, J.

C.V. BHADANG, J.

grt/-