wp4613­11.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4613 OF 2011 Audumbar Vasant Patil .. Petitioner versus Prashant Namdev Patil & Ors .. Respondents Mr.S.S.Patwardhan for the petitioner. Mr.R.M.Patne, A.G.P for respondent Nos.13 to 16. CORAM : S.C.DHARMADHIKARI, J. 24th JUNE 2011. P.C.: . The grievance of the petitioner is that the Divisional Commissioner has proceeded to decide the appeal preferred by him in his absence. 2 An application was made for adjournment which was refused and on the same day, the hearing was concluded and now the orders are passed and communicated. wp4613­11.doc 2 3 This being matter of removal of the petitioner by vote of no confidence, interest of justice will be served if the order under challenge passed by the Commissioner, Pune Division, Pune is set aside and the appeal preferred by the petitioner is restored to his file for decision afresh on merits and in accordance with the law. 4 The parties agree to appear before the Commissioner, Pune Division, Pune on 1st July 2011 at 10.30 a.m. If the petitioner so appears, the Commissioner shall decide the appeal after hearing him as also the opponents and pass a fresh order without being influenced by any of the observations and conclusions in the impugned order. Needless to state that the petitioner can either argue the matter before the Commissioner in person or through his advocate. (S.C.DHARMADHIKARI, J)