Narendra S/O Daulat Kannake v. Divisional Commissioner, Commissionerate Building, Nagpur And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 2800/2015.

Narendra Daulat Kannake -VERSUS-. Divisional Commissioner, Nagpur Division, Nagpur and another. WRIT PETITION NO. 2973/2015.

Rajendra Babuji Juware -VERSUS-. Divisional Commissioner, Nagpur Division, Nagpur and another. WRIT PETITION NO. 2974/2015.

yashwant Lahanu Dandikar -VERSUS-. Divisional Commissioner, Nagpur Division, Nagpur and another. Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM

: A.S. CHANDURKAR, J.

DATE : JULY 13, 2016.

Heard Smt. Priya Zooting, the learned Counsel for the petitioners, Ms. T. Khan, learned A.G.P. for respondent no.1 and Shri H.A. Deshpande, the learned Counsel for respondent no.2.

2.

For the reasons assigned in judgment in Writ Petition No. 2736/2015, the following order is passed.

ORDER.

(i) The order dated 10.04.2015, passed by respondent no.1 Divisional Commissioner, Nagpur Division, Nagpur is set aside. The proceedings in Appeals filed

by the petitioners are restored for being decided afresh and in the light of the observations made in the judgment and order in Writ Petition No. 2736/2015.

(ii) Parties shall appear before the Additional Commissioner on 01.08.2016, and the Additional Commissioner shall decide the said appeals within a period of two months from the said date.

(iii) It is clarified that this Court has not expressed any opinion on the respective stand of the parties and the appeals shall be decided on its own merit and in accordance with law.

(iv) Interim order passed by this Court on 29.05.2016 shall continue to operate during the pendency of the appeals, but, without prejudice to the contentions of the parties.

(v) Writ Petitions are allowed. No costs.

JUDGE Rgd.

CERTIFICATE original signed judgment/order.

Uploaded by : R.G. Dhuriya.

Uploaded on : 19.07.2016