Gajanan Kashinath Kamble v. The Divisional Commissioner Amravati Division Amravati And 2 Others

1 wp 485-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR Criminal Writ Petition No. 485 of 2021 Gajanan Kamble Vs. The Divisional Commissioner, Amravati Division & Ors. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.V. Sirpurkar, Advocate for the applicant Mr. S.A. Ashirgade, APP for the respondents No.1 to 3 CORAM :MANISH PITALE, J.

DATED : AUGUST 09, 2021 Mr. S.A. Ashirgade, learned APP, on instructions, submits that the appeal pending before the respondent No.1 - Divisional Commissioner has been decided. It is further submitted that the appeal filed by the petitioner has been rejected. As a consequence, the petitioner will now have to challenge the order passed by the respondent No.1 - Divisional Commissioner, rejecting his appeal. 2.

Since this Writ Petition arose out of an interim order passed by respondent No.1 - Divisional Commissioner, nothing survives in the present Writ Petition. It is accordingly dismissed.

3.

A prayer is made on behalf of the petitioner to continue the interim order passed by

2 wp 485-2021.odt this Court. Since the appeal has been dismissed on merits by the respondent No.1, this Court is of the opinion that the said prayer cannot be granted. The petitioner would obviously be at liberty to challenge the final order passed by the Divisional Commissioner and if such challenge is raised to seek appropriate interim relief in such proceeding.

JUDGE MP Deshpande