Laxman Baswantrao Nagalgave v. Sumanbai Tukaram Kshirsagar And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10653 OF 2017 (Laxman Baswantrao Nagalgave Vs. Sumanbai Tukaram Kshirsagar and others) MrG.N.Chincholkar., Advocate for the petitioner. Mr.N.T.Bhagat, AGP for respondent Nos. 6 to 9. ( CORAM : Ravindra V.Ghuge, J.) DATE : 04/09/2017 PER COURT :

1.

The petitioner is aggrieved by the order of the Sub-Divisional Officer dated 25/05/2017 and the order of the Additional Commissioner dated 20/07/2017.

2.

The petitioner is not a party before the S.D.O. in the proceedings mentioned in prayer clause "A". He filed ROR Appeal No.28 before the Additional Collector, Latur praying for staying the order of the S.D.O. dated 25/05/2017. Since the petitioner is not a party to the proceedings and the issue needs to be decided whether he should be arrayed as a party, the Additional Collector refused interim relief by order dated 27/06/2017. Said order is not under challenge.

khs/SEPT. 2017/10653-d

3.

The petitioner is aggrieved by the order of the Additional Commissioner dated 20/07/2017 by which the revision filed by the petitioner has been dismissed.

4.

Considering the above, since the issue as to whether the petitioner needs to be added as a respondent/litigant is pending before the Additional Collector, ends of justice would be met by directing the Additional Collector, Latur to decide ROR-A-28 at the earliest.

5.

This petition is, therefore, disposed of and the Additional Collector, Latur is directed to decide ROR-A-28, filed by the petitioner, as expeditiously as possible and preferably within a period of 3 (three) months from today.

( Ravindra V.Ghuge, J.) khs/SEPT. 2017/10653-d