Meerabai Kondiram Ade v. Sudam Mannu Chavan And Others

-1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7767 OF 2014 Smt. Meerabai w/o Kondiram Ade, Age: 43 years, Occ: Sarpanch of Grampanchayat, Jaiyatkheda (Tanda), Tq. Kannad, Dist. Aurangabad.

...Petitioner

versus Shri. Sudam s/o Mannu Chavan, Age: Major, Occ: Agri., R/o. Jayatkheda (Tanda), Tq. Kannad, Dist. Aurangabad & Ors.

...Respondents

WITH CIVIL APPLICATION NO. 696 OF 2015 IN WRIT PETITION NO. 7767 OF 2014 Shri. Sudam s/o Mannu Chavan.

...Applicant versus The Additional Collector, Aurangabad and others.

...Respondents

.....

Mr. Kakasaheb B. Jadhav, Advocate for petitioner. Mr. S.K. Chavan, Advocate for respondent No.1. Mr. S.P. Daund, A.G.P. for respondent Nos. 2 & 3. .....

CORAM : SUNIL P. DESHMUKH, J.

DATE : 10th FEBRUARY, 2015

-2ORAL ORDER :

.

Heard the parties.

2.

Learned Counsel for respondent No.1 resiles to the position that order passed by this Court on 09-09-2014 may be continued to operate till disposal of the appeal pending before the Additional Commissioner, Aurangabad.

3.

Looking at the subject matter involved and since the interim order is already operating, it would be appropriate that the Additional Commissioner, Aurangabad would decide the appeal pending before him as expeditiously as possible, preferably within a period of two months. Till the disposal of the appeal, the effect and operation of the order dated 03-06-2014 passed by the Additional Collector, Aurangabad in Case No. 77 of 2013 shall remain stayed. It is further clarified that this shall not affect the merits of the case pending before the Additional Commissioner, Aurangabad and same be decided by him in accordance with law, uninfluenced by this order. 4.

Parties to appear before the Additional Commissioner, Aurangabad on 04-03-2015.

5.

Writ Petition, as such, stands disposed of, with no order

-3as to costs.

6.

In view of disposal of writ petition, civil application does not survive and stands disposed of accordingly. [ SUNIL P. DESHMUKH, J. ] Tupe/10.02.15