Citation : 2016 Latest Caselaw 4297 Bom
Judgement Date : 29 July, 2016
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR.
WRIT PETITION NO.5742 OF 2015
PETITIONER: Smt. Nalini Anil Meshram, Aged
about 43 years,
Occupation:Household, R/o Mandhal,
Tah. Kuhi, District - Nagpur.
-VERSUS-
RESPONDENTS: 1. The State of Maharashtra through its
Secretary, Rural Development
Department, Mantralaya, Mumbai -
32.
ig 2. The Divisional Commissioner, Nagpur
Division, Nagpur.
3. Chief Executive Officer, Zilla
Parishad, Nagpur.
4. Shri Ashish Prakash Awale, Aged :
Major, member, Gram panchayat
Mandhal, Tah. Kuhi, District Nagpur,
R/o Mandhal, Tah. Kuhi, District
Nagpur.
Shri A. R. Ingole, Advocate for the petitioner.
Mrs. Tajwar Khan, Asstt. Government Pleader for respondent nos.1 and
2.
CORAM: A.S. CHANDURKAR, J.
DATED: 29 th JULY, 2016.
ORAL JUDGMENT :
1. Rule. Heard finally with the consent of the learned
Counsel for the parties.
2. The petitioner is aggrieved by the order dated
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8-9-2015 whereby the Hon'ble Minister while entertaining the
appeal challenging the order of disqualification that was preferred
by the respondent no.4 has granted stay to the said
disqualification.
3. Having heard the learned Counsel for the petitioners
and the learned Assistant Government Pleader for the respondent
nos.1 & 2, I do not find it necessary to enter into the merits of the
order dated 8-9-2015. Instead, the interests of justice would be
served by directing the respondent no.1 to decide the aforesaid
appeal expeditiously and within a period of eight weeks from
today. The impugned order granting stay can be permitted to
operate till the decision of the appeal.
4. Accordingly, the writ petition stands disposed of by
directing the respondent no.1 to decide the appeal preferred by the
respondent no.4 within a period of eight weeks from today. The
appeal shall be decided on its own merits without being influenced
by continuation of the order of stay. Appropriate notice should be
issued to the respondent no.4 for being heard in the appeal.
5. Rule is disposed of in aforesaid terms. No costs.
JUDGE
//MULEY//
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