Bombay High Court
Anil S/O. Jagannath Deowar vs The State Of Maharashtra, Through ... on 6 December, 2016
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.2845 OF 2016
Anil s/o Jagannath Deowar,
Aged about 40 years,
Occ: Cultivation,
R/o Bhimni, Post-Ghatkul,
Tah. Pombhurna,
Dist. Chandrapur. ....... PETITIONER
...V E R S U S...
1]
The State of Maharashtra through
Additional Collector, Chandrapur.
2] Ranjit s/o Sambhashiv Pimpalshende,
Aged-major, R/o Bhimni,
Post-Ghatkul, Tah. Pombhurna,
Dist. Chandrapur.
3] The Commissioner,
Nagpur Division, Nagpur. ....... RESPONDENTS
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Shri Rohit Joshi, Advocate for Petitioner.
Shri D.P. Thakare, Addl. Govt. Pleader for Respondent
Nos.1 and 3.
Shri S.O. Ahmed, Advocate for Respondent No.2.
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CORAM: R.K. DESHPANDE, J.
th DECEMBER, 2016.
DATE: 6
ORAL JUDGMENT
1] Rule made returnable forthwith. The learned counsels
appearing for the respondents waive service of notice.
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Heard finally by consent of the learned counsels appearing for the
parties.
2] The challenge in this petition is to the order dated
12.05.2016 passed by the Commissioner, Nagpur Division, Nagpur
rejecting the application for stay holding that there is no prima
facie case, balance of convenience and the reason founded.
The order is virtually without any reasons. The order nowhere
considers what the prima faice case is and on this ground only the
order needs to be set aside. The Commissioner is supposed to
consider the matter on merits even to satisfy on the prima facie,
case in the light of the relevant provisions of the Act. This exercise
has not been carried out. The order therefore, needs to be set
aside.
3] The appeal is pending before the Commissioner and
this Court had passed an interim order on 17.05.2016 staying the
effect, operation and implementation of the order dated
30.04.2016 passed by the Additional Collector, Chandrapur
disqualifying the petitioner from the post of Member, Gram
Panchayat. The interim order passed by this Court shall continue
till the final disposal of the appeal by the Commissioner.
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4] In the result, the writ petition is allowed. The order
dated 12.05.2016 passed by the Commissioner Nagpur Division,
Nagpur in G.P. Appeal No.104/2016 is hereby quashed and set
aside. The interim order granted by this Court staying the effect
and operation of the order of disqualification dated 30.04.2016
passed by the Collector shall continue to operate pending the
decision of the appeal. The Commissioner to decide the appeal
within a period of six months from the date of first appearance of
the parties. The parties to appear before the Additional
Commissioner on 19.12.2016. No costs.
JUDGE
NSN
