Poonam Mohan Patil And Another v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 906 WRIT PETITION NO. 11275 OF 2024 Poonam Mohan Patil & another ....Petitioners

VERSUS

The State of Maharashtra & others .....Respondents .....

Mr. M. V. Salunke, Advocate holding for Mr. V. D. Salunke, Advocate for the Petitioners.

Mr. S. B. Jadhav, AGP for the State.

Mr. A. D. Aghav, Advocate for Respondent No. 4. Mr. V.H. Dighe and Mr.V. Y Patil, Advocates for Respondent No. 6. CORAM : R. M. JOSHI, J.

DATE : 20th FEBRUARY, 2025.

PER COURT :

1.

Learned counsel for both sides are heard for some time. It is revealed that order challenged in this petition is refusal by the appellate authority to grant ad-interim stay. 2.

This Court by order dated 09.10.2024 has granted adinterim relief in terms of prayer clause 'C' which reads thus : C) Pending hearing and final disposal of this petition, the effect and operation of the order of disqualification dated 29.08.2024, passed by the District Collector, Jalgaon in Village Panhayat Dispute No. 38/2024 may kindly be stayed till the pendency of the Village

- 2 - Panchayat Appeal No. 83/2024 pending before the Additional Commissioner, Nashik, Division Nashik. 3.

Learned counsel for both sides are unanimous to state that instead of this petition being decided, it is in the interest of the parties that the proceeding of Appeal No.83/2024 pending before the Additional Commissioner, Nashik be directed to be decided expeditiously. Learned counsel for Respondents record no objection on instructions for continuation of the interim relief granted by this Court till decision of the appeal by the said authority. 4.

In view of the above agreement between the parties, nothing survives in the petition. Hence, petition is disposed of in following terms :- i) The Additional Commissioner, Nashik is directed to expeditiously decide appeal bearing No. 83/2024 in accordance with law and in any case within a period of two months from today.

ii) Interim relief granted by this Court as recorded hereinabove, to continue till decision of the appeal on merit.

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It is clarified that the aforestated contention of both the sides is without prejudice to their rights and contentions. All contentions are kept open for adjudication before the appellate authority. The appellate authority to decide the appeal in accordance with law after giving sufficient opportunity to both sides. ( R. M. JOSHI) Judge dyb