Sudam S/O Eknath Borkhade v. Zilla Parishad Amravati, Through Its Chief Executive Officers, Amravati

WP1986-19 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 1986/2019 (SUDAM EKNATH BORKHADE VERSUS Z.P. AMRAVATI) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.G. Palshikar, counsel for petitioner.

CORAM : A.S. CHANDURKAR, J.

DATE : APRIL , 2019.

C.A.W. NO. 916/2019.

This application has been filed by the petitioner seeking a direction that the respondent be directed to restore the status quo as was prevailing on 13.03.2019 when this Court in Writ Petition No.1986 of 2019 had passed such order directing the parties to maintain status quo as of that date.

On 29.03.2019, notice of this civil application was issued to the respondent and the respondent has been duly served with the civil application also.

Shri V.G. Palshikar, learned counsel for the petitioner submits that pursuant to the order of status quo granted on 13.03.2019, the petitioner has been appointed as the First Polling Officer for the election that are to be held on 18.04.2019. He has referred to the letter dated 15.03.2019 issued in that regard. Similarly, he has also referred to the communication dated 28.03.2019 issued by the Returning Officer in that regard. He however, submits that in view of an earlier letter dated 08.03.2019 issued by the Block Development Officer which was received by the petitioner on 15.03.2019, he is sought to be relieved from the post of Village Development Officer.

WP1986-19 Considering the subsequent communications issued which indicate that various responsibilities have been given to the petitioner and in the light of the fact that this Court had directed the parties to maintain status quo as on 13.03.2019, the civil application is liable to be allowed in terms of the prayer as made. Moreover, despite service in the writ petition and the fact that the civil application has also been served on the respondent, they have not chosen to oppose the prayers as made, it is directed that until further orders, the petitioner be restored to his original post of Village Development Officer. This direction is however without prejudice to the respective rights of the parties. Civil application is disposed of.

W.P. NO. 1986/2019.

Put up for admission on 23.04.2019.

JUDGE APTE