Writ petition 1392/2010 1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 1392/2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : A.V. NIRGUDE, J. DATED : 25th March, 2011. Mr. R.P. Dhase, Advocate for the petitioner. Mr. A.I. Deshmukh, Advocate for respondent No.1. Mr. S.B. Pulkundwar, A.G.P. for respondent No.4. Respondents No. 2 and 3 absent though served. The matter is not on board. 1. Heard. 2 The order passed on 21/03/2011 stands corrected as under. 3 This writ petition can be disposed of at this admission stage by following order. 4 This writ petition is filed against the judgment and order passed by the learned Additional Divisional Commissioner, Nasik in RTS/REVISION/134/2005 dated 05/12/2009. The present petitioner had filed said revision being legal representative of Abdul Salam, his father, against the present respondents. During the pendency of the revision, the applicant and his advocate remained absent and so the learned Additional Divisional Commissioner thought it fit to Writ petition 1392/2010 2 decide revision on merits. On perusal of record and after hearing advocate of the respondent, he decided the same. The learned advocate appearing for the petitioner submitted that his client’s advocate could not remain present before learned Divisional Commissioner because he was suffering serious ailments. He assured me that if the case is remanded back to the Divisional Commissioner, his client would engage new advocate and without making further default would attend the case. ORDER a) On payment of cost of Rs.5,000/- to be paid by the petitioner to respondent No.1 on or before 28/03/2011, rule would be issued in the writ petition and the impugned order dated 05/12/2009 passed by the learned additional Divisional Commissioner, Nasik shall stand set aside. b) In case, the cost is not paid as contemplated above, writ petition shall stand dismissed. c) If the cost is paid, the case would stand remanded to the learned Additional Divisional Commissioner, Nasik who shall decide the revision afresh after giving an opportunity of hearing to both the parties. The parties shall appear before learned additional Divisional Commissioner, Nasik on or before 18/04/2011 provided cost is paid. Writ petition 1392/2010 3 d) The Ld. Counsel for the petitioner submits that the cost as directed by the order dated 21/03/2011 has been paid to respondent No.1, receipt of which is taken on record today. In view of this, the order dated 21/03/2011 shall take its effect. [A.V. NIRGUDE,J.] ts k/2011/march21/wp1392.10