Vilas Ananda Gawai v. Additional Commissioner, Amravati And Others

1 wp 3254.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No.3254/2024 Vilas V Additional Commissioner, Amravati and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------- Mr. A.J. Gilda, Advocate for petitioner.

Mrs. M. Naik, AGP for resp. nos. 1 to 3.

Mr. Rahil Mirza, Advocate for resp. no.4.

Mr. V.M. Vishwarupe, Advocate for resp. no.5. CORAM : PRAFULLA S. KHUBALKAR , J.

DATE : 23-09-2025.

The controversy involved in the matter is, whether in view of the interim order passed by the Divisional Commissioner on 22-02-2022, staying the effect and operation of the order passed by the Collector dated 15-02-2022, categorically observing that the interim stay shall operate during the pendency of the appeal before the Divisional Commissioner, after the final decision of the appeal which was subjected to challenge in a writ petition, the interim order would stand revived after the matter is remanded to the Divisional Commissioner.

2.

Learned Counsel for the petitioner submits that since the interim order operated during the pendency of the appeal, the effect of interim order came to an end after final decision of appeal and although this Court remanded the matter by order dated 06-10-2023 to the Divisional Commissioner, the earlier interim order would not revive. 3.

As against this, learned Counsel for respondent no.4 submits that in view of the remand of matter by this Court vide order dated 06-10-2023 in Writ Petition No.3245/2022, earlier interim order passed by

2 wp 3254.24.odt the Divisional Commissioner got revived, thereby staying the order of disqualification of respondent no.5.

4.

Put up the matter for advancing further arguments on 01-10-2025.

(Prafulla S. Khubalkar , J.

) Deshmukh Signed by: Mr. S.Deshmukh Designation: PS To Honourable Judge Date: 24/09/2025 14:36:59