Bombay High Court
Mahendra Wamanrao Adsod And ... vs The Additional Collector, Akola ... on 24 April, 2017
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Writ Petition No.2294 of 2017
1. Mahendra Wamanrao Adsod,
Aged about 45 years,
Occupation - Cultivator.
2. Smt. Nirmalabai Wamanrao Adsod,
Aged about 62 years,
Occupation - Cultivator.
Both R/o Jamthi Kd. (Kurum),
Tq. Murtizapur, Distt. Akola. ... Petitioners
Versus
1. The Additional Collector, Akola,
Tq. and Distt. Akola.
2. The Sub-Divisional Officer,
Murtizapur,
Tq. Murtizapur, Distt. Akola.
3. The Naib Tahsildar, Murtizapur,
Tq. Murtizapur, Distt. Akola.
4. Arun Uttamrao Adsol,
Aged about 58 years,
Occupation - Cultivator,
R/o Jamthi Kd. (Kurum),
Tq. Murtizapur, Distt. Akola. ... Respondents
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Shri Anand Deshpande, Advocate for Petitioners.
Shri K.L. Dharmadhikari, Assistant Government Pleader for
Respondent Nos.1 to 3.
Shri S.A. Dutonde, Advocate for Respondent No.4.
Coram : R.K. Deshpande, J.
th
Dated : 24 April, 2017
Oral Judgment :
1. Rule, made returnable forthwith. Heard finally by
consent of the learned counsels appearing for the parties.
2. The challenge in this petition is to the order
dated 3-4-2017 passed by the Additional Collector, Akola,
cancelling the stay order granted by the Sub-Divisional Officer,
Murtizapur, on 4-4-2016. Undisputedly, the matter was posted
for hearing on the application for stay on 18-4-2017. It was
preponed on 3-4-2017. The petitioners, who are the appellants
in appeal before the Additional Collector, received the notice on
6-4-2017 and, therefore, could not remain present before the said
authority when the matter was heard on 3-4-2017.
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3. In view of the aforesaid undisputed factual position,
what is recorded in the order dated 3-4-2017 passed by the
Additional Collector that the appellants were heard, is a wrong
statement, and without hearing the petitioners/appellants, the
order has been passed. It cannot, therefore, be sustained.
4. The learned counsels appearing for the parties inform
this Court that the matter is fixed before the Additional Collector,
Akola, on 27-4-2017. The Additional Collector on that day shall
hear the parties concerned on the question of continuation of
interim order passed earlier on 4-4-2016 and shall then pass an
order in accordance with law.
5. In the result, the petition is allowed. The order
dated 3-4-2017 passed by the Additional Collector, Akola, in
Appeal No.MCA/Jamathi Khu/22/2015-16, is hereby quashed
and set aside, and the order dated 4-4-2016 passed by the
Sub-Divisional Officer, Murtizapur, in Rev. No.MCA-5/Jamthi
(Khd.)/2015-16, is restored. The Additional Collector shall be at
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liberty to decide the appeal on that day or the application for stay
as per his convenience.
6. Rule is made absolute in above terms. No order as to
costs.
JUDGE.
Lanjewar
