Bombay High CourtCAW/2634/2015dispossed offdismiss for default

Shrikant S/O Motiramji Yenurkar v. The Collector, Nagpur And Others

2016-01-05Hon'Ble Shri Justice Z.A. Haq2 pages

1 caw2634.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION NO.2634 OF 2015 IN WRIT PETITION NO.6647 OF 2014(D) (Shrikant s/o Motiramji Yenurkar ..vs.. The Collector, Nagpur and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Anand Deshpande, Advocate for the petitioner, Ms. H.N. Prabhu, A.G.P. for the respondent No.1. CORAM : Z.A. HAQ, J.

DATED : 05-01-2016 The Collector, Nagpur and competent authority to decide the proceedings under Section 3 of the Maharashtra Local Authority Members' Disqualification Act, 1986 has filed this application praying that further time of two months be granted to dispose of the application. The justification for not disposing the application within time frame laid down by this Court is in paragraph No.2 of the application. I find that the reasons given are not sufficient. There is no explanation as to why the matter was adjourned on 16-10-2015 for 31-10-2015 i.e. after fifteen days. Similarly, the next adjournment is of nineteen days and there is no explanation for granting adjournment of nineteen days. It is stated that the matter was fixed on 18-12-2015 but on that date the Collector was busy with Assembly work. This submission is made overlooking the fact that the time to dispose the proceedings as per the directions

2 caw2634.15 given by this Court expired on 13-12-2015. The application is also filed after the time has lapsed. Be that as it may, considering the nature of proceedings, the Collector, Nagpur is directed to dispose the proceedings till 29-01-2016.

Civil application is disposed in the above terms. JUDGE pma