Bhikaji S/O Shravan Awachar v. The Divisional Commissioenr, Amravati Division, Amravati And Others

2023:BHC-NAG:13330 11.wp.4459.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.4459 OF 2023 Bhikaji S/o Shravan Awachar .Vs. The Divisional Commissioner, Amravati Division, Amravati & Ors Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri Ram Karode, Advocate for petitioner.

Shri N.R. Patil, A.G.P. for respondent No.1/State. CORAM : ANIL S. KILOR, J.

DATED : 06/09/2023 1.

The application filed by the petitioner in a proceeding filed for disqualification of the petitioner, for making fresh enquiry as the enquiry under Section 39(1) of the Maharashtra Village Panchayat Act, 1959 is not as per the Division Bench judgment of this Court, came to be rejected, which is the subject matter of the present writ petition.

2.

I do not find any merit in the present matter as at the stage of hearing the petitioner can raise the objection to such enquiry if it is not made as per the provisions of law. In that case, the Divisional Commissioner can consider the same while passing the final order.

3.

In that view of the matter, as the present petition is premature, the writ petition is dismissed. JUDGE C.L.Dhakate