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Bombay High CourtWP/7534/2019disposedoff

Sou. Bharti Dhyaneshwar Gedam And Others v. Kanha Arjun Sathe And Others

2020-01-04Hon'Ble Shri Justice R.V. Ghuge2 pages

wp7516.19.O+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.7516 OF 2019 (Vasudeo Sitaram Bodewar Vs. Pradeep Baburao Deshmukh and others) WRIT PETITION NO.7534 OF 2019 (Sou. Bharti Dhyaneshwar Gedam & others Vs. Kanha Arjun Sathe and others) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Shri M.I. Dhatrak, Advocate for Petitioner.

Shri A.M. Balpande, AGP for Respondent Nos.3 to 5. CORAM: RAVINDRA V. GHUGE, J.

DATE: 4 th JANUARY, 2020.

1] The learned Advocate for the petitioners has filed a copy of the acknowledgment indicating that respondent no.6 Gram Panchayat has been served on 18.11.2019. None has caused an appearance. The learned AGP appears on behalf of respondent nos.3 to 5. Respondent nos.1 and 2, though served, have chosen not to enter an appearance either in person or through an Advocate.

2] I have considered the submissions of the learned Advocate for the petitioners and the learned AGP. This Court has protected the petitioners Vasudeo Sitaram Bodewar, Sou. Bharti Dhyaneshwar Gedam, Madhuri Sudhakar Chandankhede and Sou. Saroj Motilal Hatele. The two appeals preferred by these petitioners challenging their disqualification under Section 14(1)(j-3) of the Maharashtra Village Panchayat Act, 1958, is pending before the Additional Commissioner, Nagpur and the next date of

wp7516.19.O+.odt hearing is posted on 06.01.2020. It is informed that all the parties in the said proceedings before respondent no.3 are served.

3] Considering the above, and keeping in view that the appeal is pending which prompted this Court to protect the petitioners, I find that these petitions need not be kept pending in this Court and respondent no.3 could be issued with certain directions to ensure an expeditious decision in the pending appeals.

4] In view of the above, both these petitions are disposed off. The ad-interim protection granted by this Court vide order dated 15.11.2019 shall continue till Appeal Nos.23/2019 and 24/2019 are decided.

5] All the litigating parties shall advance their oral submissions and shall complete the said exercise on or before 11.01.2020. Written notes of submissions are also permitted. Thereafter, respondent no.3 shall close the proceedings and shall deliver a reasoned order on 10.02.2020 at 03:00 p.m. in his chamber. The litigating sides are obliged to remain present on the said date for noting the pronouncement of the order. Respondent no.3 shall keep the copies of the order ready so as to be supplied to the litigating sides subject to payment of requisite fees. (Ravindra V. Ghuge, J.) NSN