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2010 DIGILAW 1241 (MP)

Kamlesh Mishra v. State of M. P.

2010-12-16

ALOK ARADHE, S.R.ALAM

body2010
ORDER 1. Heard on the question of admission. 2. This appeal arises from the order dated 8.11.2010, by which the writ petition preferred by the appellant has been dismissed by the learned Single Judge. 3. The facts leading to filing of this appeal briefly stated are that the appellant at the relevant time was working as Secretary of Gram Panchayat Barelibar, Dheemarkheda, District Katni. He was denotified from the post by the respondent No.3 in exercise of powers under section 69 (1) of M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993. The appellant filed an application for stay in the appeal pending before the Commissioner. The Commissioner vide order dated 26.10.2010 declined to grant stay. The aforesaid order was challenged by the appellant in the writ petition. Learned Single, Judge vide order dated 8.11.201 o declined to entertain the writ petition and dismissed the same. 4. Learned counsel for the appellant submitted that the Commissioner be directed to decide the appeal preferred by the appellant expeditiously in accordance with law. Learned Dy. Advocate General has no objection to aforesaid prayer. 5. In view of the submissions made before us, we deem it appropriate to direct the respondent No.2 to consider and decide the appeal preferred by the appellant expeditiously, preferably within a period of eight weeks from the date of production of certified copy of this order. 6. Needless to say that before deciding the appeal, the Collector shall afford an opportunity to all the necessary parties and shall pass a reasoned order. 7. With the aforesaid direction, the writ appeal stands disposed of.