Bombay High CourtWP/3544/2017dispossed offdismiss for default

Manoj Sheshrao Bawner v. Additional Collector, Amravati And Others

2017-08-18Hon'Ble Shri Justice S.C. Gupte2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.3544/2017 Manoj Sheshrao Bawner ..Vs..

Additional Collector, Amravati and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.S. Dhengale, Adv. for the petitioner.

Shri A.R. Chutke, A.G.P. for respondent Nos.1 to 3. CORAM : S.C. GUPTE, J.

DATE : 18.8.2017.

Heard learned counsel for the petitioner and the learned A.G.P. for the State.

After the matter is heard at some length, it is agreed between the counsel that the impugned order of the Additional Collector, Amravati dated 31st May, 2017 can be set aside and the resolution passed by the Grampanchayat Mouje Nanded (Bu.) on 5th April, 2017 can be treated as invalid. It is also agreed between all that the meeting of Gramsabha can be re-convened in response to the requisition of respondent Nos.5 to 11 dated 30th March, 2017 by the Tahsildar for considering the resolution of no confidence against the petitioner. The impugned order of the Additional Collector is accordingly set aside and the appeal of the petitioner before him is allowed by setting aside the resolution passed by the Grampanchayat on 5th April, 2017, holding

2 wp3544.17 the meeting of 5th April, 2017 as invalid. Tahsildar, Daryapur is directed to re-convene a special meeting of Gramsabha in response to the requisition, as stated above, within a period of four weeks from today. All parties, including Tahsildar, Daryapur to act on a copy of this order, duly authenticated by the Sheristedar of the Court. The petition is disposed of in the above terms. JUDGE Tambaskar.