Bombay High Court
Sau. Bhavna W/O Ramkrishna Dhale vs Ratnakar S/O Narayan Kumbhare And ... on 7 April, 2017
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 1148 OF 2017
Sau. Priti W/o Mangesh Kothade,
aged about 30 years, Occ. Agricultural Labour,
R/o. Dhapewada, Tq. Kalmeshwar,
Distt. Nagpur. ...... PETITIONER
...VERSUS...
1] Ratnakar Narayan Kumbhare,
aged about 50 years, Occ. Private Service,
R/o. Ward No. 3, Dhapewada, Tq. Kalmeshwar,
Distt. Nagpur.
2] The Additional Collector, Nagpur,
Civil Lines, Nagpur.
3] The Upper Commissioner,
Civil Lines, Nagpur ...... RESPONDENTS
AND
WRIT PETITION NO. 1156 OF 2017
Sau. Bhavna W/o Ramkrishna Dhale,
aged about 48 years, Occ. Agricultural Labour,
R/o. Ward No.3 Dhapewada, Tq. Kalmeshwar,
Distt. Nagpur. ...... PETITIONER
...VERSUS...
1] Ratnakar Narayan Kumbhare,
aged about 50 years, Occ. Private Service,
R/o. Ward No. 3, Dhapewada, Tq. Kalmeshwar,
Distt. Nagpur.
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2] The Additional Collector, Nagpur,
Civil Lines, Nagpur.
3] The Upper Commissioner,
Civil Lines, Nagpur ...... RESPONDENTS
AND
WRIT PETITION NO. 1172 OF 2017
Sau. Nirmala w/o Manik Mahurkar
aged about 49 years, Occ. Agricultural Labour,
R/o. Ward No. 5 Dhapewada, Tq. Kalmeshwar,
Distt. Nagpur. ...... PETITIONER
...VERSUS...
1] Ratnakar Narayan Kumbhare,
aged about 50 years, Occ. Private Service,
R/o. Ward No. 3, Dhapewada, Tq. Kalmeshwar,
Distt. Nagpur.
2] The Additional Collector, Nagpur,
Civil Lines, Nagpur.
3] The Upper Commissioner,
Civil Lines, Nagpur ...... RESPONDENTS
AND
WRIT PETITION NO. 1183 OF 2017
Sau. Surekha Ghyaniram Kokate,
aged about 30 years, Occ. Agricultural Labour,
R/o. Ward No. 5, Dhapewada, Tq. Kalmeshwar,
Distt. Nagpur. ...... PETITIONER
...VERSUS...
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1] Ratnakar Narayan Kumbhare,
aged about 50 years, Occ. Private Service,
R/o. Ward No. 3, Dhapewada, Tq. Kalmeshwar,
Distt. Nagpur.
2] The Additional Collector, Nagpur,
Civil Lines, Nagpur.
3] The Upper Commissioner,
Civil Lines, Nagpur ...... RESPONDENTS
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Shri N.D.Khamborkar, counsel for Petitioners in all petitions.
Ms. Prachi Joshi, counsel for Respondent No.1
S/Shri S.B.Bissa, K.L.Dharmadhikari and K.R.Lule, AGPs for
Respondent Nos. 2 and 3
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CORAM: R. K. DESHPANDE, J.
th
DATE : 7 APRIL, 2017 .
ORAL JUDGMENT
1] Rule made returnable forthwith.
Heard the matter finally by consent of learned
counsels appearing for the parties.
2] The Additional Commissioner, Nagpur, has
permitted to petitioners to withdraw their appeals challenging
the order of disqualification. It is not in dispute that the
petitioners never asked for permission to withdraw the
appeal. What was filed before the Additional Commissioner
was an application for permission to withdraw the complaint
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about disqualification of the petitioners. In view of this, the
impugned order cannot be sustained. The same will have to
be quashed and set aside and the Additional Commissioner
to decide the matter afresh.
3] In the result, the writ petitions are allowed. The
order dated 23.11.2016 passed by the Additional
Commissioner, Nagpur, is hereby quashed and set aside.
The Additional Commissioner, Nagpur, to decide the
application filed by the complainant for withdrawal of his
complaint in accordance with law after hearing the parties
concerned.
The parties to appear before the Additional
Commissioner, Nagpur, on 17.04.2017. The Commissioner
to decide the application within a period of one week
therefrom.
Rule is made absolute in above terms. No order
as to costs.
JUDGE
Rvjalit
