1 ndm 913 wp.7002.10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7002 OF 2010 Smt. Sanjivani Bhimrao Gade Vs. State of Maharashtra and ors. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Vilas B. Tapkir for the Petitioner. Mr. R.M.Patne, AGP for Respondent Nos.1 to 3. Mr. Nitesh Nevshe and Yajurendra Singh for the Respondent No.4. CORAM : A.S.OKA, J. DATE : 10th December, 2010. P.C. 1 Heard the learned counsel appearing for the Petitioner and the learned counsel appearing for 4th respondent. 2 On 24th November, 2010, submissions of the parties were heard. However, as time was sought by the advocate for the 4th respondent to take instructions, an order was not passed. A suggestion was given by this Court that as a drastic order of disqualification has been passed by the Appellate Authority against the Petitioner without hearing the Petitioner, the matter can be sent back to the Appellate Authority with a time bound schedule. 3 However, the learned counsel appearing for the 4th respondent is not agreeable to the suggestion. He prays that the postal department can be directed to place on record the relevant documents to prove service of notice to the Petitioner. 2 4 The aspect of service will have to be gone into at the time of final hearing of the writ petition. 5 Hence, rule. 6 Advocate appearing for the 4th respondent waives notice. The learned AGP waives notice for 1st to 3rd respondents. 7 Hearing is expedited. Ad-interim relief granted on 2nd September, 2010 will continue to operate till the final disposal of the writ petition. 8 After the order was passed today, the learned counsel appearing for the 4th respondent on instructions stated that instead of keeping the writ petition pending in this Court, the appeal be remanded to the Additional Commissioner for fresh hearing. 9 In view of this submission, I pass following order: i. The impugned order dated 7th August, 2010 is quashed and set aside and Appeal No. 17 of 2010 is restored to the file of the Additional Commissioner, Pune ; ii. Parties are directed to appear before the Additional Commissioner, Pune on 17th January, 2011 at 11:00 am for the purposes of fixing the date of hearing of the appeal ; 3 iii. It is made clear that no further notice of the appeal shall be served to the parties and the parties are bound to appear before the Additional Commissioner on the date fixed ; iv. The Additional Commissioner shall hear and decide the appeal afresh as expeditiously as possible and preferably within a period of three months from the date of appearance ; v. All contentions of the parties on merits of the appeal are kept open ; vi. Rule is partly made absolute on the above terms ; vii. No order as to costs ; viii. The learned Additional Commissioner, Pune will act upon an authenticated copy of this order. [ A.S.OKA, J ]