Bombay High Court
Javed Aalam Misbauddin Siddiqui vs The Divisional Commissioner, Nagpur, ... on 27 June, 2023
Author: Avinash G. Gharote
Bench: Avinash G. Gharote
(1) 903wp3828.23
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 3828 OF 2023
Javed Aalam Misbauddin Siddiqui__ Vs. __Divisional Commissioner and ors
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mrs. R.S.Sirpurkar, Advocate for petitioner
Ms. T.H.Khan, AGP for respondent nos. 1 to 3
CORAM : AVINASH G. GHAROTE, J.
DATE : 27/06/2023
1] Heard Mrs. Sirpurkar, learned counsel for
the petitioner.
2] The contention is that when the Collector
authorizes the SDO under Sections 48(7) and 48(8) of the MLR Code, such authorization would indicate that the SDO has stepped into the shoes of the Collector and therefore any order passed in exercise of that authorization, would be an order passed by the Collector and not by the SDO, so as to entail an appeal against the same before the Collector. It is contended in such a case since the exercise of the power would relate to the Collector, an appeal would lie before the Commissioner (pg.101).
::: Uploaded on - 27/06/2023 ::: Downloaded on - 29/06/2023 12:43:34 :::(2) 903wp3828.23 3] The Commissioner has held otherwise, considering which issue notice for final disposal returnable on 4.7.2023.
3] Learned AGP waives service of notice for all the respondents.
JUDGE Rvjalit ::: Uploaded on - 27/06/2023 ::: Downloaded on - 29/06/2023 12:43:34 :::