Smt. Nirmala Bichmaiyya Kulmethe And Others v. The Additional Commissioner, Nagpur Division, Nagpur And ORS.

1 corrected 07-3599-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 3599/2025 Smt. Nirmalal Bichmaiyya Kulmethe and others Vs. The Additional Commissioner, Nagpur Division and others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.D.Chande, Advocate for Petitioners Mr. A.G. Mate, AGP for Respondent Nos.1 and 2 CORAM: ANIL L. PANSARE, J.

DATED : 11th JULY, 2025 1.

Heard.

2.

The counsel for the petitioners submits that the petitioner No.1 Sarpanch and the other two petitioners as Members, have been disqualified for not paying taxes within three months of demand. The argument is that the tax demand was never served upon the petitioners. The plea to that effect was taken before the authority below with a contention that the document of demand is a forged document, but the authorities below have not rendered any findings on the said plea.

3.

On the strength of the aforesaid submissions, issue notice, returnable 08.08.2025.

4.

Mr. Mate, Assistant Government Pleader waives service of notice for respondent Nos.1 and 2.

5.

In the meanwhile, there shall be stay in terms of prayer clause (iii), which reads as under :

"iii) stay the effect, operation and implementation of the impugned order dated 07.03.2025 (Annexure-D) passed by the respondent no.2- Collector, Gadchiroli in

2 corrected 07-3599-25.odt MVP Case No. 01/MRC-81/2024-25 Gram Panchayat, Jafarabad, Tah. Sironchan, District Gadchiroli duing pendency of the present petition, in the interest of justice"

6.

The petitioner shall comply with the practice note 14, particularly Clause 5 of the Bombay High Court Appellate Side Rules, 1960.

7.

If the practice note 14 is not complied with, the petition Corrected as per order dt.

15.07.2025 shall be listed for dismissal on the next day of failure to comply with the practice note, particularly, clause 5 thereof. (ANIL L. PANSARE, J.) MP Deshpande Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 16/07/2025 10:19:53