1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.838 OF 2008 Vilas Sampat Khomane .. Petitioner Versus State of Maharashtra & Ors. .. Respondents Ms.Manjiri S. Parasnis & Sanjay Kamble for petitioner Mr.Nitin Deshpande, A.G.P. for state. CORAM : S.C.DHARMADHIKARI, J. DATE : 4th March 2008 P.C. . After this matter was argued for some time, Mr.Deshpande upon taking instructions from Divisional Commissioner, Pune makes a statement 2 that the order passed by the Divisional Commissioner be quashed and set aside and the Divisional Commissioner will re-hear the appeal preferred by the petitioner against the order of the Collector dated 15th January 2007. The Collector had dismissed the dispute raised by the petitioner to the no confidence motion moved against him and carried out at a meeting at Gram Panchayat level held on 11th October 2006. The Commissioner found no substance in the contentions of the petitioner in the appeal which was directed against the order of Collector. 2. In the light of the statement made by Mr.Deshpande, the order passed by the Divisional Commissioner is set aside. Appeal preferred by the petitioner is restored to the file of Divisional Commissioner for hearing afresh on its own merits and uninfluenced by any earlier observations. 3 3. Needless to state that till the Commissioner decides the matter, the ad-interim order passed on 7th February 2008, by consent, shall continue. The Commissioner to decide the appeal within a period of two months from the date of appearance of petitioner before him. Petitioner to appear before the Commissioner on 17th March 2008. (S.C.Dharmadhikari, J)