1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 1389 OF 2010 (Shri Santosh Laxman Gawande vs. The Additional Commissioner, Amravati & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. MAY 04, 2010. Heard finally Shri Kshirsagar, learned counsel for the petitioner and Shri Kankale, learned AGP for respondents No. 1 to 3. This Court has on 25.03.2010 specifically indicated in the order that the Additional Commissioner has mixed the facts of two cases together and has decided the appeal filed by present petitioner on the strength of facts of some other case. The Additional Commissioner has not explained that position at all in the reply affidavit as filed. The impugned order passed by the Additional Commissioner shows that he has considered a motion of no confidence submitted by five elected members on 21.08.2009 on three grounds. Here, the motion is submitted by six elected members on 15.09.2009 on four grounds. The order passed by the Additional Collector, Buldhana, in the matter of the petitioner is dated 30.11.2009 and the Additional Commissioner has in his appeal considered the order of Additional Collector, 2 Amravati, passed on 30.09.2009. The learned AGP is requesting additional time to explain the situation. However, it is apparent that the time given by this Court was more than sufficient. The affidavit has been filed mechanically and cannot be accepted. The order of Additional Commissioner also shows that just by changing dates it can be applied in any case. The non application of mind by the Additional Commissioner is apparent. The order dated 26.02.2010 passed by the Additional Commissioner, Amravati Division, Amravati, is therefore, quashed and set aside. The Appeal No.22/BVP Act 35(3)(C)/2008-09 of Kheda, Tq. Shegaon, District – Buldana, filed by the petitioner is restored back to file of Respondent No.1 for taking fresh decision in accordance with law. Writ Petition is disposed of. Rule accordingly. However, there shall be no order as to costs. JUDGE *GS.