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Bombay High CourtCAW/1912/2015dispossed offdismiss for default

The Public Welfare Societyt Thr. Its President Shri Sanjay S/O Ratankumar Chaudhary v. Smt. Mithilesh Ambikaprasad Harde And ORS

2015-09-16Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice P.N. Deshmukh2 pages

1609caw1912.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CAW NO. 1912/2015 IN WRIT PETITION NO. 701 OF 2013 (The Public Welfare Society vs. Smt. Mithilesh Ambikaprasad Harde & Ors.) _____________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's Orders.

CORAM : B.P. DHARMADHIKARI & P.N. DESHMUKH, JJ.

SEPTEMBER 16, 2015.

Perused Civil Application No. 1912 of 2015.

Heard Shri Khapre, learned counsel for the petitioner, Shri S.R. Deshpande, learned counsel for the applicants/ respondent Nos. 1 to 4 and Shri Patil, learned AGP for respondent Nos. 5 to 7.

It is clarified that the grievance made by the Public Welfare Society, Achalpur, Dist. Amravati, (the petitioner in present petition) to the Collector, Amravati, through its application placed as Annexure 'C' with Civil Application is on administrative side, seeking an inquiry and disciplinary action against the subordinate government servants for alleged misconduct. It is apparent that while looking into such grievance, the entries in 7/12 extracts and other revenue records cannot be altered. It is also clarified that on the basis of revenue records, this Court has already looked into the controversy and LPA No. 338 of 2011 is presently pending.

As such, the records looked into by the learned Single Judge and other authorities while passing various

1609caw1912.15 orders, which are relevant for adjudication of LPA, cannot be changed in exercise of administrative jurisdiction by the Collector.

With these clarifications, Civil Application No. 1912 of 2015 is disposed of.

Liberty to move for grant of fixed date of hearing of writ petition, after four months.

JUDGE JUDGE *GS.