Ravi S/O Gajanan Yeole v. The Additional Collector, Akola And Others
1 30. WP 5120 of 2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR WRIT PETITION NO.5120 OF 2025 RAVI S/O GAJANAN YEOLE --- .Vs. --- THE COLLECTOR, AKOLA 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. R.D. Karode, Advocate for Petitioner.
Mr. S.V. Narle, Advocate for Respondent No.1-State .
CORAM : PRAFULLA S. KHUBALKAR, J.
DATED : 09th SEPTEMBER 2025 1.
Leave granted to the petitioner to amend the cause title to correct the designation of respondent No.1. Necessary amendment be carried out forthwith.
2.
Heard Mr. R.D. Karode, learned Advocate for the petitioner.
3.
The petitioner's challenge is to the order dated 04.08.2025, passed by respondent No.1, thereby refusing permission to the petitioner to conduct cross examination of the Secretary of Gram Panchayat, Dhanora.
2 30. WP 5120 of 2025.odt 4.
Learned Advocate for the petitioner submits that in the proceedings for disqualification initiated at the instance of respondent No.3, the petitioner had requested for permission to cross examine the Secretary to demonstrate the illegalities in the record of Gram Panchayat and to demonstrate that there is no encroachment on the Government land by the petitioner. It is pointed out that on 02.07.2025, in the proceedings before respondent No.1, cross examination of the Secretary had commenced and in response to a question, cross examination was deferred to enable the Secretary to check the position from the Gram Panchayat records. Copy of ordersheet placed on record shows that after the cross examination was postponed, the matter was adjourned on several occasions and on 02.07.2025, the matter was adjourned for 09.07.2025.
It is, however, surprising to see that on 04.08.2025, an order is passed thereby refusing any opportunity to the petitioner to conduct cross examination of the Secretary. Copy of ordersheet placed on record shows that after 09.07.2025, the matter was adjourned for 28.08.2025 and the matter was not at all fixed for 04.08.2025, as such the impugned order is passed on the date on which the matter was not fixed before respondent No.1. Learned Counsel for petitioner submits that in view of this glaring illegality in the conduct of proceedings, the petitioner is deprived of valuable opportunity to conduct the cross examination.
3 30. WP 5120 of 2025.odt 5.
In view of this, issue notice to the respondents, returnable after four weeks.
6.
Learned AGP waives service of notice on behalf of respondent No.1.
7.
In the meantime, ad-interim relief in terms of prayer clause (ii), which reads as under, shall operate :- "(ii) stay the further proceedings of Case No.M.V.P.Act-1959/Sec.14(1)(j-5)/Dhanora/07/ 2023-24, pending on the file of respondent no.1learned Additional Collector, Akola, during the pendency of present petition, in the interest of justice."
8.
Learned AGP is directed to file on record the affidavit of respondent No.1, also specifically dealing with the issue as to what were the compelling circumstances for passing impugned order on 04.08.2025, even though the proceedings were not fixed on the said date.
(PRAFULLA S. KHUBALKAR, J.) asd