Sau. Draupadabai Madhukar Ubale vs Additional Commissioner, ...
2016 Latest Caselaw 5727 Bom

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




                                                                                     
                                                             
                              WRIT PETITION NO. 5647 OF 2016


                Sau. Draupadabai Madhukar Ubale




                                                            
                aged 48 years, Occ. Housewife and
                Sarpanch/Member of Gram Panchayat,
                Singaon Jahagir, Tq. Deulgaon Raja,
                Distt. Buldana                                                 PETITIONER




                                              
                              ig     ...VERSUS...

     1]         Additional Commissioner,
                Amravati Division, Amravati.
                            
     2]         Additional Collector, Amravati.

     3]         Uttam Gujeba Shivankar,
      

                aged 60 years, Occ. Agriculturist,
                R/o. Singaon Jahagir, Tq. Deulgaon Raja,
   



                Distt. Buldana.

     4]         Secretary, Gram Panchayat Singaon
                Jahagir, Tq. Deulgaon Raja,





                Distt. Buldana.......                                       RESPONDENTS

     -------------------------------------------------------------------------------------------
     Shri P.B.Patil, counsel for Petitioner.
     Ms. Geeta Tiwari, AGP for Respondent Nos. 1 and 2.





     Shri N.B.Kalwaghe, counsel for Respondent No.3
     -------------------------------------------------------------------------------------------
                              CORAM: R. K. DESHPANDE, J.

th DATE : 29 SEPTEMBER, 2016 .

ORAL JUDGMENT

1] Rule made returnable forthwith.

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                               Heard     the  learned  counsels  appearing  for   the




                                                                                      
              parties.  




                                                              
              2]               It   is   reported   that   on   4th  October,   2016,   the




                                                             

matter is fixed before the Additional Commissioner. The

Additional Commissioner to decide the application for stay on

its own merits in accordance with law after hearing all the

parties concerned. No fresh notices shall be issued to the

parties and the parties shall be ready to argue the matter on

the aspect of interim relief.

3] In the result, the writ petition is allowed. The

order impugned dated 20th September, 2016, passed by the

respondent no.1 is hereby quashed and set aside. The

matter is remitted back to the Additional Commissioner to

decide the application for stay on its own merits in

accordance with law after hearing all the parties concerned.

The interim order granted by the Additional Commissioner

shall continue to operate till 4th October, 2016, on which date

the Additional Commissioner shall decide whether the interim

order to be continued or discontinued in accordance with law.

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Rule is made absolute in above terms. No orders as to

costs.

                                                    
                                                             JUDGE




                                                   
     Rvjalit




                                        
                             
                            
      
   







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                                   C E R T I F I C A T E




                                                                             

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of original signed Judgment/Order.

Uploaded by : R.V.Jalit, P.A. Uploaded on : 29 September, 2016