Sandip S/O Chandrabhan Sawale v. The Divisional Commissioner, Amravati And Others

wp1385.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.1385/2021 Sandip s/o Chandrabhan Sawale .vs. The Divisional Commissioner, Amravati Division, Amravati and Ors.

_______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Mr. V. B. Gawali, Advocate for petitioner.

CORAM : V.M. DESHPANDE, J.

DATED : APRIL 5, 2021 Hearing was conducted through video conferencing and the learned counsel agreed that the audio and visual quality was proper.

Mr. Gawali, learned counsel for petitioner would submit that respondent no.1-Divisional Commissioner, Amravati Division, Amravati has granted ex parte stay in favour of respondent no.4, who is represented before this Court by Mr. A. V. Band, Advocate. Mr. Gawali, further submits that respondent no.1 has fixed the matter filed by respondent no.4, tomorrow. It is his submission that respondent no.1 ought not to have granted ex parte order, inasmuch as according to him, against the order dated 28.01.2021, proceeding does not lie before the Divisional Commissioner.

Since, the proceedings are pending before respondent no.1 and the order impugned in this writ petition is an interlocutory order, this writ petition can be disposed of by passing following.

wp1385.21.odt

ORDER

(i) Respondent no.1-Divisional Commissioner, Amravati Division, Amravati shall decide the proceeding filed on behalf of respondent no.4 within a period of one month from today, by considering the contention raised by the petitioner herein, in accordance with law.

The writ petition is disposed of.

JUDGE kahale