Dinesh Kanai Mistri v. Kripacharya Krishnapad Sen And Others

0612wp4971 of 2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.4971/2021 Shri Dinesh Kanai Mistri ...Versus...

Kripacharya Krishnapad Sen and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or direction.s and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri M. Anilkumar, Advocate for petitioner Ms N.P. Mehta, AGP for respondent nos.2 to 4 CORAM : AVINASH G. GHAROTE, J.

DATE : 06/12/2021 1.

Heard Shri M. Anilkumar, learned Counsel for the petitioner.

2.

The limited grievance raised is that the respondent no.3, has rejected an application for urgent hearing of the appeal, filed by the petitioner pending before the respondent no.3, on the ground that the respondent no.3 has no time because of his preoccupation. Since a limited question to the above extent is involved, no notice is being issued to the respondent no.1.

0612wp4971 of 2021.odt 3.

Learned Assistant Government Pleader Ms N.P. Mehta waives service of notice for the respondent nos.2 to 4. 4.

The petitioner has been disqualified from holding the office of a Member of the Gram Panchayat, Bahadurpur, Tq. Chamorshi, District Gadchiroli by the order dated 14/7/2021 under Section 14 (1) (j-3) of the Maharashtra Village Panchayats Act, against which, an appeal is pending before the respondent no.3. The petitioner only seeks the expeditious decision of the appeal pending before the respondent no.3, considering which, the impugned order dated 29/11/2021, which refuses to decide the appeal expeditiously, is hereby quashed and set aside and the respondent no.3 is directed to hear and decide the appeal pending before him, as expeditiously as possible and in any case by 20/12/2021, after issuing notice to the respondent no.2 in appeal, intimating him the fixing of the date for such hearing.

5.

The writ petition is accordingly allowed in the above terms. No costs.

(AVINASH G. GHAROTE, J.) SUKHADEORAO WADKAR Wadkar