Subhash Sukhdeo Sonwane v. The Additional Commissioner Nashik And Others

1 5-wp 10117-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10117 OF 2023 Subhash Sukhdeo Sonwane .. Petitioner

Versus

The Additional Commissioner, Nashik and others .. Respondents Mr. N. L. Chaudhari, Advocate for the Petitioner. Mr. S. B. Pulkundwar, AGP for Respondent Nos. 1 and 2. CORAM : KISHORE C. SANT, J.

DATED : 19th AUGUST, 2023.

P. C. :- .

A challenge in this petition is to an order passed by the learned Additional Commissioner, Division Nashik, Nashik granting stay to the order passed by the learned Additional Collector, Dhule in Grampanchayat Dispute Application No. 43/2022. 2.

The main contention of the petitioner is that, the petitioner had filed caveat in the office of learned Additional Commissioner well in advance. The learned Additional Commissioner though has recorded that caveat is filed, still has passed an order without hearing the petitioner. When the caveat was filed and it was noticed, it was expected of the learned Additional Commissioner to issue notice to the

2 5-wp 10117-2023.odt petitioner before passing the order. However, since now already stay is granted, it would be desirable to decide the main proceeding i.e. Grampanchayat Appeal No. 128/2023 within a period of one (01) month.

3.

Since, no order adverse to any party is to be passed, this Court finds that, no notice is necessary to respondent Nos. 3 and 4. Hence, the following order is passed.

4.

Issue notice to respondent Nos. 1 and 2. Learned A.G.P. waives notice for respondent Nos. 1 and 2.

5.

The learned Additional Commissioner is requested to decide the Grampanchayat Appeal No. 128/2023 pending before him within a period of one (01) month from today.

6.

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