Shahnaj Begam w/o Mohd. Shafi v. Additional Commissioner, Nagpur Division
2017-04-21
R.K.DESHPANDE
body2017
DigiLaw.ai
JUDGMENT : 1. Rule made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties. 2. It is not in dispute that there is no adjudication by the Additional Commissioner in the Revision No. 02 of 20132014 in respect of the order dated 22.08.2013 passed by the Revenue Collector. The adjudication has to be done in respect of the order which is challenged in revision. Since it has not been done, the order impugned needs to be set aside with a direction to the Additional Commissioner to decide the revision afresh in accordance with law after hearing the parties concerned. 3. In the result, the writ petition is allowed. The order dated 09.12.2015 passed by the Additional Commissioner in Revision No. 02 of 20132014 is hereby quashed and set aside. The matter is remitted back to the Additional Commissioner for fresh decision on merits after hearing the parties concerned. The parties to appear before the Additional Commissioner on 15.05.2017.