Shri Shantanu S/O Madhusudan Pande And Others v. State Of Maharashtra, Through Collector, Nagpur And 5 Others

2024:BHC-NAG:1683 74.wp.7118.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.7118 OF 2019 Shri Shantanu S/o Madhusudan Pande and others .Vs. State of Mah., through Collector, Nagpur District and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri O.A. Ghare, Advocate for petitioners.

Shri S.B. Bissa, A.G.P. for respondent Nos.1 to 3/State. Shri Tejas Deshpande, Advocate for respondent No.5 CORAM : ANIL S. KILOR, J.

DATED : 05/02/2024 1.

The learned counsel for the petitioner has filed an affidavit dated 05.02.2024 which is taken on record. This affidavit discloses the fact that, the petitioners are pursuing the two proceeding in respect of the same subject matter which is involved in the present writ petition, one before the Collector and another before the Sub-Divisional Officer.

2.

In the circumstances, the writ petition is disposed of as not maintainable in view of the proceeding pending before the Collector and the Sub-Divisional Officer. All the points are kept open including the question raised by the learned counsel for the respondents herein, that, two proceedings at the same time are not maintainable. C.L. Dhakate

74.wp.7118.19.odt 3.

Furthermore, the authorities below shall not get influence by any of the observation made in the impugned order under challenge in this writ petition and considered the matter independently and pass the order in accordance with law.

Accordingly, the writ petition is disposed of in above terms.

JUDGE C.L. Dhakate