Case Note & Summary
The petitioner, Ashokkumar Mahavirprasad Awasthi, filed a writ petition challenging an order dated 30.07.2014 passed by the Divisional Commissioner, Amravati Division. The respondents included state authorities and private individuals, including the petitioner's brothers and other family members. During the hearing, the counsels for both parties agreed that the petitioner had already filed Regular Civil Suit No. 796 of 2012 and Special Civil Suit No. 33 of 2015, which were pending. They further agreed that the impugned order of the Commissioner should be subject to the outcome of these civil suits, and that any observations made by the Commissioner in the impugned order affecting the rights of the parties would not be used against any party in the suits. In view of this consensus, the High Court disposed of the writ petition without entering into the merits, and made no order as to costs. The court did not adjudicate any legal issues or provide any ratio decidendi, as the matter was resolved by consent.
Headnote
A) Civil Procedure - Consent Order - Disposal of Writ Petition - Parties agreed that the impugned order shall be subject to the outcome of pending civil suits and that observations in the impugned order shall not affect the parties in those suits - Court disposed of the writ petition without adjudicating merits, leaving rights to be determined in civil suits (Paras 2-3).
Issue of Consideration
Whether the impugned order of the Commissioner should be set aside or modified pending civil suits.
Final Decision
Writ petition disposed of with no order as to costs. The impugned order shall be subject to the outcome of Regular Civil Suit No. 796 of 2012 and Special Civil Suit No. 33 of 2015. Observations made by the Commissioner shall not come in the way of any party in the suits.
Law Points
- Consent order
- subject to civil suit outcome
- observations not binding
Case Details
2016 LawText (BOM) (11) 45
WRIT PETITION NO. 5891 OF 2014
Shri M.P.Sagdeo for Petitioner; Shri D.P.Thakre, AGP for R1 to 4; Shri J.B.Gandhi for Respondent No.5
Ashokkumar Mahavirprasad Awasthi
The Divisional Commissioner, Land Records, Representing State of Maharashtra, Amravati Division, Amravati; The Additional Collector, Akola; The Sub Divisional Officer, Akola; The Naib Tahsildar, Umari; Rameshprasad Mahavirprasad Awasthi; Arunkumar Mahavirprasad Awasthi; Sharadkumar Mahavirprasad Awasthi; Sou. Kiran Rupesh Tiwari; Sou. Dipika Prashant Pande; Premlata Rameshchandra Mishra; Sou. Sadhana Vinod Tiwari; Sou. Sandhya Madan Dubey; Sou. Arti Jagdish Dixit; Smt. Sukharanidevi Mahavirprasad Awasthi
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Nature of Litigation
Writ petition challenging order of Divisional Commissioner, Amravati Division dated 30.07.2014.
Remedy Sought
Petitioner sought to challenge the Commissioner's order.
Filing Reason
Petitioner aggrieved by the order of the Commissioner.
Previous Decisions
Commissioner's order dated 30.07.2014; petitioner had filed Regular Civil Suit No. 796 of 2012 and Special Civil Suit No. 33 of 2015.
Issues
Whether the impugned order should be set aside or modified pending civil suits.
Submissions/Arguments
Parties agreed that the impugned order shall be subject to outcome of civil suits and observations shall not affect parties in suits.
Ratio Decidendi
Not applicable as the matter was disposed of by consent without adjudication on merits.
Judgment Excerpts
The learned counsels appearing for the parties agree that the petitioner has filed Regular Civil Suit No. 796 of 2012 and Special Civil Suit No. 33 of 2015 and the decision of the Commissioner impugned in this petition shall be subject to the out come of both these civil suits.
It is also agreed by both the parties that the observations made by the Commissioner in the order impugned affecting the rights of the parties shall not come in the way of any of the parties while prosecuting the suits.
Procedural History
Petitioner filed Writ Petition No. 5891 of 2014 challenging order dated 30.07.2014 of the Divisional Commissioner, Amravati Division. During hearing, parties agreed to dispose of the petition subject to pending civil suits.
