FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. -------------------------------------------------------------------------------------------- -------- Office notes, office Memoranda of | coram, appearance, court’s orders | Court’s or Judge’s orders. or directions and Registrar’s orders | LETTERS PATENT APPEAL NO.55/10 Shri S.M.Vibhute,Adv.appellant .... CORAM : A.P.DESHPANDE & N.D.DESHPANDE,JJ. DATE : 26/02/2010. 1] Refusal to grant stay to the impugned order challenged before learned Single Judge, has given rise to this Letters Patent Appeal. The present appellant is a defeated candidate at the election, whereas respondent no.4 is the elected candidate. The present appellant initiated proceedings against the respondent no.4 on the ground that he has incurred disqualification on account of alleged encroachment and unauthorised construction being raised by him. The Collector allowed the application. However, in an Appeal before the Chief Minister, the respondent no.4 succeeded and aggrieved thereby, the present appellant filed Writ Petition before the learned Single Judge. 2] The learned Single Judge has granted Rule, however, refused interim relief. The learned Single Judge has observed that if interim relief is granted, the same would tantamount to granting final relief. It is also crystal clear that as of today, there is no disqualification incurred by respondent no.4. Hence stay as prayed for, has been rightly refused. We do not see any merit in the Letters Patent Appeal. Hence, it stands dismissed. 3] In view of dismissal of Letters Patent Appeal, Civil Application No. 2672/2010 does not survive and the same is disposed of. (N.D.DESHPANDE) (A.P.DESHPANDE) JUDGE JUDGE umg/lpa55-10