Bombay High CourtCAW/1622/2017dispossed offdismiss for default

Mohan S/O Bhauraoji Ingole v. The Collector, Amravati And Others

2017-07-31Hon'Ble Kum. Justice Indira Jain2 pages

wp.7006.16 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.7006 OF 2016 (Mohan s/o Bhauraoji Ingole vs.

The Collector, Amravati and others) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= OfÏce notes, OfÏce Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri A.J. Kadu, Advocate for the Petitioner.

Shri A.M. Balpande, A.G.P. for Respondent Nos.1 to 3 & 5. Shri N.A. Gawande, Advocate for Respondent No.4.

CORAM

: KUM. INDIRA JAIN, J.

DATE : 31 st JULY, 2017.

Heard.

In view of judgment of this Court in Bija s/o Maroti Hatwar vs. Kisan s/o Chirkut Padole & another - [2015 (1) Mh.L.J. 282], learned Counsel for petitioner submits that impugned order be set aside and permission to withdraw the petition with liberty to file revision before respondent no.1 be granted. Learned Counsel makes a statement that revision would be filed within two weeks and prays to continue interim relief till then.

In Bija Maroti Hatwar's case (supra), this Court has held that Section 23(2A) of the Mamlatdars' Courts Act does not authorize the Sub-Divisional OfÏcer to exercise powers conferred by the Collector. Considering the scope of Section 23(2A) of the

wp.7006.16 2 Mamlatdars' Courts Act, this Court finds substance in the submission of the learned Counsel for petitioner. Hence, the following order:

1. Impugned order dated 24/10/2016 passed by respondent no.2 - Sub Divisional OfÏcer, Chandur Railway, District Amravati in Revision No.MCA-5/Kothoda-01/2016-2017 is set aside.

2. Petition, being withdrawn, stands disposed of with liberty as prayed for.

3. Interim orders passed by this Court on 20/12/2016 to continue for a period of two weeks and shall cease to operate automatically thereafter.

4. No costs.

Civil Application [CAW] No.1622/2017 :

In view of withdrawal of writ petition, the application stands disposed of.

JUDGE *sdw