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Adv.Mahendra Vairagade (lawyer)     12 October 2012

Petition wrongly admitted

Hi,

before a year i had file a writ challenging the order passed by the addl.commissioner.The main gist of te petition is that a member of grampanchayat who is having encraochment over a govt.land and as per 14j3 of bombay village panchayat he should be disqualify.Here in my case i file the said impugned order of addl.commisioner before the single judge of high court,but unfortunatley that petition got admited now with the observation that "the order of the adll.commisioner is prima facie correct and therfore no stay granted,Rule,returnable early.''

Now the post of a member is for 5 years ,2 years already gone and respondent member is enjoying said post.my matter is admmited.i filed application for early hearing,nothing happen.The court is not serious to allow the application,my clients are disappointed with me.what to do now??should i recall that order or is ther any citation that such matters can not be admitted it should be decided at admission satge it self.

plz help me you all.thanks in advance.



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