(1) WP 3396.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3396 OF 2011 Zahiroddin Haji Sarfaroddin PETITIONER VERSUS The State of Maharashtra and ors. RESPONDENTS ..... Mr. Subodh P. Shah, Advocate for the Petitioner. Mr. S.K. Tambe, A.G.P. for the Respondent-State. ..... CORAM : M.T. JOSHI, J. DATED : 12TH DECEMBER, 2011 ORAL ORDER: 1. Rule. Rule made returnable forthwith. Heard finally, with the consent of the parties. 2. Without going into the merit of the case, it is an admitted fact that though the Divisional Commissioner has remanded the matter to the Collector, the Collector, instead of passing any order on merit, submitted a report to the Divisional Commissioner and the Divisional Commissioner passed an order, which is impugned in the present Writ Petition. It is the basic contention of the petitioner that the order of the Divisional Commissioner is therefore without any jurisdiction. (2) WP 3396.2011 3. In view of that matter, the order of the Divisional Commissioner is hereby set aside. The Collector is directed to hear and decide the matter afresh, without influenced by the order passed by the Divisional Commissioner. The petitioner shall appear before the Collector on 10.01.2012. Thereupon, the Collector shall decide the matter within a period of three (3) months thereafter. Rule is made absolute in the above terms. No order as to costs. 4. Authentic copy of this order, be supplied to the learned counsel for the parties, to act upon. Sd/- [M. T. JOSHI, J.] arp/