Bombay High CourtWP/2697/2005dispossed offdismiss for default

Mammu S/O Nizamuddin Pathan v. The Divisional Commissioner, Nagpur And ORS.

2016-05-03Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice P.N. Deshmukh1 pages

1 0305wp2697.05.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.2697 OF 2005.

Mammu Nizamuddin Pathan ..vs..

The Divisional Commissioner, Nagpur and others. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs.M.N.Hiwase, AGP for respondent nos.1 & 2. CORAM : B.P.DHARMADHIKARI AND P.N.DESHMUKH, JJ.

DATED : MAY 03, 2016.

Nobody for petitioner. Order passed by respondent no.1 - The Divisional Commissioner, Nagpur disqualifying petitioner for not paying property tax under Section 14(1)(h) of Bombay Village Panchayat Act is questioned before this Court. It appears that original order was passed by Additional Collector on 14th of January, 2005 and it was questioned in appeal before the Divisional Commissioner.

The Divisional Commissioner dismissed appeal on 17th of May, 2005.

While issuing rule in the matter, this Court granted ad interim relief on 13th of June, 2006. The normal tenure of member of Gram-panchayat is five years. That tenure has obviously expired. Hence, the challenge is rendered infructuous. Petition is accordingly disposed of. Rule discharged. No costs.

JUDGE JUDGE Chute.