Bombay High CourtWP/1668/2015dispossed offdismiss for default

Abhijit Arunrao Satokar v. Collector, Yavatmal And Others

2015-03-27Hon'Ble Shri Justice Z.A. Haq2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO.1668 OF 2015 (Shri Abhijit Arunrao Satokar ..vs.. Collector, Yavatmal and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATED : 27-03-2015 Shri M.M. Agnihotri, the learned Advocate for the petitioner seeks leave to impleade the State of Maharashtra as respondent. Leave granted.

Heard Shri M.M. Agnihotri, the learned Advocate for the petitioner and Shri A.D. Sonak, the learned Assistant Government Pleader for the respondent Nos.1 and 6.

Until further orders, it is directed that the resolution which may be passed in the meeting scheduled for 27-03-2015 (today) at 1-00 p.m. in respect of conversion of Survey No.70/1 and Survey No.70/1-A at Wani, District Yavatmal from green zone to yellow zone shall not be given effect to and shall not be implemented. Shri A.D. Sonak, the learned Assistant Government Pleader shall inform this telephonically to the Collector, Yavatmal with instructions to inform this order to the Chief Officer, Nagar Parishad, Wani.

2 wp1668.15 Later on :

The matter was mentioned by the learned Advocate for the petitioner pointing out the urgency on the ground that the meeting is scheduled at 1-00 p.m. today. After I granted circulation and the matter was called out, I heard the learned Advocate for the petitioner and the learned Assistant Government Pleader for the respondent Nos.1 and 6 and then passed order. However, before it could be signed Shri M.M. Agnihotri, the learned Advocate again mentioned and submitted that the Collector, Yavatmal has already granted protection in the matter on 26-03-2015. It was the duty of the petitioner to inform his Advocate about the developments. Considering the negligence on the part of the petitioner, the petitioner shall deposit Rs.

5,000/- with the High Court Legal Services Sub-Committee, Nagpur and produce the receipt of it on the record within fifteen days, failing which the petition shall stand dismissed without reference to the Court. Further he shall file affidavit before the Collector, Yavatmal within fifteen days pointing out that he has deposited the amount as directed and if it is found that the amount is not deposited, the Collector shall pass appropriate orders on the application pending before him considering it to be non-compliance of the order passed by this Court.