Sheshrao Mukundrao Ghavat vs The Additional Commissioner ...
2016 Latest Caselaw 1509 Bom

                                                                                wp2255.16
                                            1




                                                                             
                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH, NAGPUR.




                                                     
                          WRIT PETITION     No. 2255 OF 2016


    1. Sheshrao Mukundrao Ghavat
       aged about 69 years,




                                                    
       Occupation : Agriculturist.
       R/o Ghusarwadi, Po. Mhatodi,
       Distt. Akola.




                                          
    2. Kishor Shivcharan Ramagare
       aged 50 years, Occupation : Agriculturist,
       r/o Lakhonda (BK), Po. Mhatodi,
                               
       Distt. Akola.                                     .... PETITIONERS.
                              
                              VERSUS


    1. The Additional Commissioner,
       Amravati Division, Amravati.
      


    2. The Additional Collector,
   



       Akola.

    3. The Secretary,
       Gram Panchayat, Lakhonda (BK),





       Post Mhatodi, Distt., Akola.

    4. Vijay Bhikaji Ghavat
       aged about 50 years,
       Occupation : Service.
       R/o Ghusarwadi, Po. Mhatodi,





       Distt. Akola.                             ....  RESPONDENTS.

                                     ....
    Shri A.M. Tirukh Advocate for the Petitioners.
    Ms. Udeshi, AGP, for respondents 1 and 2.
                                     .....
                                       CORAM : S.B. SHUKRE, J.

DATED : 13.04.2016.

wp2255.16

ORAL JUDGMENT :

Heard. Rule. Rule made returnable forthwith. Heard

finally by consent of parties.

2. Learned AGP for respondents 1 and 2 submits that

respondent no. 1 can expedite final disposal of appeal and,

therefore, there is no need for granting any stay.

3.

The submission is reasonable and, therefore, needs

to be accepted. If the post of the Member which has fallen vacat

is not filled up till the appeal is finally decided, learned counsel

for the petitioner has no objection to the same. Accordingly, writ

petition is partly allowed and it is directed that Appeal No.

76/BVP-16(2)/Lakhonda (BK)/2015-16 shall be decided as

expeditiously as possible and in any case within three months

from the date of order, in accordance with law. Till final disposal

of the appeal, the vacant post of the Member of the Gram

Panchayat shall not be filled up.

Rule made absolute in above terms. No costs.

JUDGE

/TA/