Dattatraya Krishnat Patil vs Additional Divisional Commissioner

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Bom) 2164

MADHAV J. JAMDAR
Dattatraya Krishnat Patil – Appellant
Versus
Additional Divisional Commissioner – Respondent

Advocates appeared:
Rakesh Sharad Patil, Advocate, Ajay B.Chate, Advocate, P.P.Pujari, Advocate, Yuvraj Narvankar, Advocate

JUDGMENT/ORDER

1. Heard Mr. Rakesh Patil, learned Counsel appearing for the Petitioners, Mr. Chate, learned Additional GP along with Mr. Pujari, learned AGP, for the Respondent Nos.1, 2 and 5-State and Mr. Yuvraj Narvankar, learned Counsel appearing for the Respondent No.3.

2. By way of this Writ Petition filed under Articles 226 and 227 of the Constitution of India, the Petitioners who are the residents of village Haldi, Taluka-Karveer, District-Kolhapur and therefore, voters in the election of Respondent No.4-Gram Panchayat Haldi, are challenging the Order dtd. 9/2/2023, passed by the Respondent No.1-Additional Divisional Commissioner, Pune Division, Pune in Appeal No.14 of 2022 ("impugned Order"). By the said impugned order, the Appeal filed by the Respondent No.3 has been partly allowed by setting aside the Order dtd. 24/6/2022 passed by the Collector, Kolhapur in Dispute Application No.16 of 2021 and the matter has been remanded back. The operative part of the said impugned order dtd. 9/2/2023 passed by the Additional Divisional Commissioner, Pune Division, Pune, is set out herein below: