1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 2766/2010. Gajanan Punjabrao Kalmegh -: VERSUS :- The Additional Commissioner, Amravati and others. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : SEPTEMBER 20, 2010. Heard Shri A.S. Deshpande, learned counsel for petitioner, learned A.G.P. for respondent nos. 1 to 4 and Shri P.S. Patil, learned Counsel for respondent no.5. Rule, made returnable forthwith. Heard finally by consent of parties. Contention of Shri Deshpande, learned counsel is, in the matter of right of way petitioner filed caveat before the Additional Commissioner and ignoring that caveat and behind his back the Additional Commissioner has granted interim stay on 19.05.2010. He argues that the order is without jurisdiction and hence, the same should be quashed 2 and set aside and the application be directed to be considered again. Shri Patil, learned counsel for respondent no.5 and learned A.G.P. for respondent nos. 1 to 4 argues that the Additional Commissioner has passed the orders which is in accordance with law, and no interference is warranted in writ jurisdiction. They point out that the interim order is operating since last about 4 months and matter was fixed before the Additional Commissioner on 05.07.2010. It is apparent that respondent no.1 Additional Commissioner should not have normally granted ex-parte interim relief when caveat was there. The impugned order also does not show any exceptional reasons recorded warranting grant of such order ex-parte by ignoring the caveat. In fact the said order does not contain any reference to caveat itself. However, immediately after learning about the said order the petitioner could have approached the Additional Commissioner himself for vacation of that order. Surprisingly this petition has been filed one month thereafter i.e. on 17.06.2010. What happened before the Additional Commissioner on 05.07.2010 has not been pointed out. I am therefore, not inclined to interfere in the matter on merits, in writ jurisdiction at this stage. The 3 Additional Commissioner shall hear the petitioner and respondent no.5 in the matter and pass fresh orders on that application, as early as possible and in any case by 15.10.2010. The respondent no.1 shall not be influenced by its earlier ex-parte order in the matter. Parties to appear before the respondent no.1 on 29.09.2010 and to abide by his further instructions in the matter. In view of above discussions, Writ Petition is allowed. Rule is made absolute in the aforesaid terms, with no order as to costs. JUDGE Rgd.