Bombay High CourtWP/298/2019dismissedrule discharged

Premkumar Kashinath Goyanka v. Divisional Commissioner, Amravati And Others

2019-01-18Hon'Ble Shri Justice Z.A. Haq1 pages

1 wp298.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.298 OF 2019 (PREMKUMAR KASHINATH GOYANKA...VS.. DIVIL. COMMISSIONER, AMRAVATI DN. & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.M.Vaishnav, Advocate for Petitioner.

Shri V.P.Maldhure, A.G.P. for Respondent Nos. 1 and 2. Shri A.J.Thotange, Advocate for Respondent No.4. CORAM : Z.A.HAQ, J.

DATED : JANUARY 18, 2019.

Heard.

By this petition, the interim order passed by the Divisional Commissioner (Appellate Authority) granting stay to the effect, operation and execution of the order passed by the Collector disqualifying the respondent No.4 from the post of Member and Sarpanch of Gram Panchayat, is challenged. Considering the nature of the controversy and as the appeal is pending before the Divisional Commissioner, I am not inclined to delve into the merits of the challenges, however, in my view, the interests of justice would be subserved by directing expeditious disposal of the appeal pending before the Divisional Commissioner.

Hence, the following order:

The writ petition is dismissed. In the circumstances, the parties to bear their own costs. The learned Divisional Commissioner shall dispose the appeal pending before him till 25th February 2019.

JUDGE RRaut..