Shri. Sachin Vinayak Mane v. Pandharpur Municipal Council, Through Its Chief Officer

wp4020 pssp FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4020 OF 2014 Office Notes, Office Memorandam of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders Mr.V.S.Talkute a/w Mr.S.R.Moray for the Petitioner Mr.Sarang Aradhye for the Respondent.

CORAM : A.S.OKA, & A.K.MENON,JJ.

DATE : FEBRUARY 12, 2015.

P.C.

The affidavit of Shri Shankar Gore, the Chief Officer of Pandharpur Municipal Council is placed on record.

To the said affidavit, letter/order dated 1st February 2014 issued by the District Collector to the Chief Officer has been annexed. The Collector has directed the Chief Officer to cancel the auction sale in favour of the petitioner.

Therefore, the remedy of the petitioner is to challenge the said order dated 1st February 2014. So long as the said order/communication continues to operate, relief prayed for

wp4020 in this petition cannot be granted.

We accordingly dispose of the petition by granting liberty to the petitioner to challenge the action of cancellation of auction in accordance with law.

(A.K.MENON,J) (A.S.OKA,J.)