Case Note & Summary
The petitioner, Sau. Draupadabai Madhukar Ubale, a housewife and Sarpanch/Member of Gram Panchayat, Singaon Jahagir, filed a writ petition challenging an order dated 20th September 2016 passed by the Additional Commissioner, Amravati Division. The High Court heard the counsels for the parties and noted that the matter was fixed before the Additional Commissioner on 4th October 2016. The Court directed the Additional Commissioner to decide the application for stay on its own merits in accordance with law after hearing all parties concerned, without issuing fresh notices. The impugned order was quashed and set aside, and the matter was remitted back. The interim order granted by the Additional Commissioner was directed to continue until 4th October 2016, on which date the Additional Commissioner would decide whether to continue or discontinue the interim order. The writ petition was allowed with no order as to costs.
Headnote
A) Civil Procedure - Interim Relief - Remand - The High Court quashed the order of the Additional Commissioner dated 20th September 2016 and remitted the matter back for fresh decision on the stay application on its own merits after hearing all parties, with the interim order to continue until 4th October 2016. (Paras 2-3)
Issue of Consideration
Whether the Additional Commissioner's order dated 20th September 2016 was sustainable and whether the matter should be remitted for fresh consideration of the stay application.
Final Decision
The writ petition is allowed. The order impugned dated 20th September 2016 passed by respondent no.1 is quashed and set aside. The matter is remitted back to the Additional Commissioner to decide the application for stay on its own merits in accordance with law after hearing all the parties concerned. The interim order granted by the Additional Commissioner shall continue to operate till 4th October 2016, on which date the Additional Commissioner shall decide whether the interim order to be continued or discontinued. Rule is made absolute. No order as to costs.
Law Points
- Interim relief
- Remand
- Stay order
- Natural justice
