Madan Kashirao Dhage v. Sarpanch, Village Panchayat Shelugund, Nandgaon Khandeshwar, Amravati And ORS
(1) 937wp1155.23
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR WRIT PETITION NO. 1155 OF 2023 Madan Kashirao Dhage__ Vs. ___Sarpanch, Village Panchayat and ors --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Parth Ranade, Advocate for petitioner Mr. Kartik Rao, Advocate h/f Mr. N.A.Gawande, Advocate for Respondent no.3 CORAM :
AVINASH G. GHAROTE, J.
DATE : 11/04/2023 The petition challenges the order dated 14.2.2023 whereby the stay granted earlier in point of time by order dated 22.3.2022 by the Divisional Commissioner, Amravati has been vacated.
2] It is contended that no reasons whatsoever have been given for vacating the stay. That apart, the petitioner was not even heard before the stay was vacated on the point of vacation of stay. 3] None appears for respondent nos.1 & 2, though served.
4] Though the contention is opposed by Mr.Rao, learned counsel holding for Mr.Gawande, learned counsel for respondent no.3, the
(2) 937wp1155.23 order-sheet dated 14.2.2023 indicates that an application seeking documents was filed by the petitioner, which came to be rejected and the stay was vacated. In that view of the matter, the impugned order clearly indicates that no opportunity of hearing was afforded on the point of vacation of stay before the same was vacated, in view of which the impugned order cannot be sustained, the same is hereby quashed and set aside.
5] The petition is allowed in above terms.
No costs.
JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: