1406wp2693.11.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO.2693 OF 2011 Shivram Popatlal Tidke ..vs.. Additional Commissioner and ors. ............................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ............................................................................................................................................................... Mr. I.N.Choudhari, Adv. for the petitioner. CORAM : R.M.SAVANT, J. DATED : 14th June, 2011. The above petition filed under Articles 226 and 227 of Constitution of India takes exception to the order dated 31/03/2011, by which order the Additional Commissioner Nagpur has remanded the matter back to the Additional Collector to decide the same in terms of the directions mentioned in the operative part of the impugned order. Prima facie, considering the reasons given by the Additional Collector for remand, in my view, the same cannot be faulted with. Suffice it to say that the matter has been remanded by the Additional Commissioner so that the remaining witnesses could be examined by the non-applicant and that the same would also facilitate the lower authority to record a finding. It is required to be noted that the issue is as regards the disqualification of respondent no.3 herein as a member of the Grampanchayat on the ground that he is having more than 1406wp2693.11.odt 2 two children on the cut off date i.e. 12/9/2001. In the context of the said application, in my view, it is necessary to give all the parties a proper opportunity so that truth is arrived at. In that view of the matter, no interference is called for with the impugned order. However, the Additional Collector, Gondia to whom the matter is remanded, is directed to hear and decide the matter on remand as expeditiously as possible and latest by 31/8/2011. With the aforesaid direction, the writ petition is disposed of. JUDGE Chute