Disposed
Shri. Sachin Vinayak Mane v. Pandharpur Municipal Council, through Its Chief Officer
Bombay HCWP/4020/2014
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wp4020
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pssp
FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.4020 OF 2014
Office Notes, Office
Memorandam of Coram,
appearances, Court’s orders Court’s or Judge’s orders
or directions and
Registrar’s orders
Mr.V.S.Talkute a/w Mr.S.R.Moray for the Petitioner
Mr.Sarang Aradhye for the Respondent.
CORAM : A.S.OKA, &
A.K.MENON,JJ.
DATE : FEBRUARY 12, 2015.
P.C.
1The affidavit of Shri Shankar Gore,
the Chief Officer of Pandharpur
Municipal Council is placed on record.
To the said affidavit, letter/order
dated 1st February 2014 issued by the
District Collector to the Chief Officer
has been annexed. The Collector has
directed the Chief Officer to cancel
the auction sale in favour of the
petitioner.
2Therefore, the remedy of the
petitioner is to challenge the said
order dated 1st February 2014. So long
asthesaidorder/communication
continues to operate, relief prayed for
2 wp4020
in this petition cannot be granted.
3We accordingly dispose of the
petition by granting liberty to the
petitioner to challenge the action of
cancellation of auction in accordance
with law.
(A.K.MENON,J)
3 issues framed by the court
Whether the petitioner can be granted relief while an order cancelling a public auction continues.
How to dispose of a writ petition where the impugned order remains operative.
Whether liberty should be granted to challenge the cancellation of a public auction.
Office of Pandharpur Municipal Council Member
District Collector
A.S.Oka
A.K.Menon
As recorded by the court registry
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