wp11428.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.11428 OF 2010. Sadat Ali Khan s/o Safdar Ali Khan... PETITIONER. VERSUS Shri Kankaleshwar Mandir Sansthan Trust, Beed, through President and another. .. RESPONDENTS. ... Shri S.S. Kazi, Advocate for Petitioner. ... CORAM : S.S. SHINDE,J. 20th DECEMBER, 2010. PER COURT: 1. This writ petition is directed against the impugned order dated 3rd November, 2010 passed by the Additional Commissioner, Aurangabad Division, Aurangabad in Revision filed by the respondents. 2. By the impugned order, the Additional Commissioner has continued the stay order granted on 9th June, 2010 till production of measurement wp11428.10 2 plan or latest map by either of the parties in respect of S/G.No.92. The Additional Commissioner fixed the matter for hearing on 18th January, 2011. 3. The Counsel for the petitioner submitted that in fact the measurement plan has already been submitted by the petitioner. However, the Additional Commissioner, without looking to the same, has passed the impugned order, which suffers from reasons in support of continuing the interim relief. 4. Upon hearing the learned Counsel for the petitioner, this Court is not inclined to entertain this petition since this petition is directed against the interim order and the matter is fixed by the Additional Commissioner for hearing on 18th January, 2011. However, the learned Counsel for the petitioner is justified in arguing that the construction material is already lying on the site and it is being perished. wp11428.10 3 5. In this view of the matter, the Additional Commissioner, Aurangabad Division, Aurangabad should dispose of the revision NO.4/2010 filed by the respondent finally on the adjourned date i.e. 18th January, 2011. Needless to mention that the parties should be afforded reasonable opportunity of hearing before any final order is passed. Since this Court is of the opinion that the controversy which is involved in the revision before the Additional Commissioner, Aurangabad is not of a very major nature, the Additional Commissioner, Aurangabad should dispose of the said revision on 18th January, 2011 itself. With the above observations, the writ petition stands disposed of. [ S.S. SHINDE ] JUDGE. ... PLK/*