1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR C.A.Z.NO.63 OF 2010 IN L.P.A.NO.45 OF 2010 IN W.P.NO.4740 OF 2009 (D) Chandrakant Gajananrao Pise and ors. ..vs.. The Collector, Nagpur and ors. =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr.M.I.Dhatrak Adv. for the appellants. Mr.A.S.Chandurkar Adv. for resp.nos.3&4. Mr.D.B.Yengal,AGP for resp.no.1. C ORAM : J.P.DEVADHAR AND A.B.CHAUDHARI, JJ. DATED : 28th September, 2010. While admitting the Letters Patent Appeal on 26th July, 2010, this court had granted ad interim relief in terms of prayer clause (ii) of the civil application. Today it is brought to our notice that similar issue is pending before the Apex court. The Apex Court in the case of Jitendra Himmat Biraris ..vs.. Kiran and anr. (S.L.P.No.26984/2010 with other SLPs) has passed an order on 21/9/2010 as follows - “Issue notice. Since learned counsel is present on behalf of the respondent No.1, service of notice on the said respondent is dispensed with. Let the other respondents be served in the usual course and also by way of dasti. 2 Pending the hearing of this matter, for a period of three months or until further orders, whichever is earlier, there will be an interim order to the effect that the Collector, Dhule, may continue with the proceedings pending before him, but no final order shall be passed therein without the leave of the court. The respondents will be entitled to file their counter affidavits within three weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter. List all these matters immediately after six weeks.” In the light of the above order, we modify the ad interim order granted on 26th July, 2010 by directing the Collector, Nagpur to continue with the hearing of the matter pending before him, but not to pass any final order without the leave of the Court. Civil application is disposed of accordingly. JUDGE JUDGE. pzc 3