Ashok Narayan Sonawane v. The State Of Maharashtra And Others

11718.21wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.11718 OF 2021 ASHOK NARAYAN SONAWANE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr V. B. Patil, Advocate for petitioner;

Mr P. G. Borade, A.G.P. for respondent Nos.1 & 2 Mr A. P. Bhandari, Advocate for respondent No.3 CORAM : SMT. BHARATI DANGRE, J.

DATE : 19th January, 2022 PER COURT:

1.

The petition can be disposed of with a direction being issued to the Sub-Divisional Officer, before whom, Revision Application No.49/2021 is pending and who has vacated the order of status-quo, without assigning any reason. The petitioner, being aggrieved by the said order, has approached this Court. It can be noted that the petitioner has filed a Revision Application against the order passed by the Tahasildar and the Sub-Divisional Officer passed the order of status-quo on 04/08/2021 and on 20/09/2021, the said order is vacated by the Sub Divisional Officer, without assigning any reason and next date of hearing came to be scheduled as 25/10/2021. The said

11718.21wp (2) order, vacating status-quo does not disclose any reason. It being a settled position of law that the reasons are the soul of any judicial/ quasi judicial order and in absentia, said order cannot be sustained.

2.

In the wake of the above, setting aside the impugned order and directing the Sub Divisional Officer to maintain status-quo, in the revision application, as granted on 04/08/2021, with further direction to dispose of revision application within a period of three months from today, the writ petition stands allowed. No order as to costs.

(SMT. BHARATI DANGRE, J.) sjk