1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 5526/2007 (Nita Sunil Jiddewar & others VERSUS The Addl. Commissioner, Amravati & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Mr. M.I. Dhatrak, counsel for the petitioner. Mr. Y.B. Mandpe, Assistant Government Pleader for the R-1 to 3. CORAM : D.D.SINHA AND SMT. VASANTI A. NAIK, JJ. DATE : MARCH 25, 2008. Heard. Mr. Mandpe, the learned Assistant Government Pleader, has brought to our notice that the Additional Commissioner, Amravati Division, Amravati disposed of the appeal filed by the petitioner whereby the order dated 21.08.2007 passed by the Additional Collector held to be invalid in law and the matter is remanded back to the Collector by observing thus----- “Additional Collector not followed the procedure laid down in law. He is not acted as per Act and rules framed under B.V.P. Act, 1958 under such circumstances it is not legal and justify to maintain lower court order. Hence, I pass the following order : 1. Case is remanded for fresh enquiry on the point of non- payment of house tax. Secretary, Gram 2 Panchayat be examined as a witnesses and be permitted to cross-examine. 2. The lower court should also give equal chance to examine and cross-examine to the witnesses of both the parties.” In view of the order passed by the Additional Commissioner, the issue is remanded back to the Additional Collector, Yavatmal for fresh inquiry in the light of the observations made by the Additional Commissioner in the decision dated 07.12.2007, and therefore, it is for the Additional Collector, Yavatmal to reconsider the matter afresh accordingly. In the circumstances, we dispose of the writ petition with direction to the Additional Collector, Yavatmal to complete the entire process of reconsideration of the issue afresh within a period of four months from the date of communication of this order. JUDGE JUDGE APTE