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Reply To The Stay Application

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236 views

Reply To The Stay Application

Uploaded by

mintu sharma
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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IN THE COURT OF HON'BLE DIVISION

COMISSIONER, NAGPUR

Gram Panchayat Appeal No. 161/2024

Applicant: Yadavrao S/o. Lalaji


Bhorkar
VERSUS
Non – Collector, Bhandara & 2
Applicant: others

REPLY OF NON – APPLICANT NO. 3 TO THE


STAY APPLICATION

The Non – Applicant No. 3 most respectfully shweth


as under;

1. By the present application, the Applicant


is seeking the extension of interim protection
granted by this Hon'ble Court to the effect and
operation of order dated 05/03/2024 in Case
No. 45/2022 passed by Ld. Collector Bhandara,
whereby, the Ld. Collector, Bhandara was
pleased to allow the application filed by the
present Non – Applicant No. 3 and declared the
present Applicant is unfit to perform the duties
of Sarpanch of Gram Panchayat Bapera.

Outset Submissions:

2. That, upon the perusal of the application


filed by the Applicant it can be gathered that,
the Applicant vide the same is also pleading
facts before this Hon'ble Authority, however,
the same is not supported by any affidavit as
contemplated under the provisions of Order VI
Rule 15 of Code of Civil Procedure, 1908.
Therefore, for this reason alone the stay
application filed by the Applicant deserves to
rejected.

3. That, Non – Applicant No. 3 at the outset


contends that the present application is not at
all maintainable, because, the earlier interim
protection granted to the Applicant was only till
next date and on the earlier dates the Applicant
failed to file any application for extension of
Interim Protection. Therefore, it is safe to say
that, the interim protection of the Applicant has
already been lapsed and now Applicant cannot
seek the extension of Interim Protection, which
is not there in existence.

4. The Non – Applicant No. 3 at the further


outset contends that, the Applicant with the
ulterior motive has filed the present
application. Earlier also when this Hon'ble
Court was pleased to protect the Applicant
interimly, the Applicant just passed the time
and did not proceed with the matter, this fact
can also be verified from the roznama of the
present matter. Therefore, if the Applicant is
protected interimly again, he will again not
proceed with the matter and waste the precious
time of this Hon'ble Authority. Therefore, as
admittedly the complete record of the present
case is already before this Hon'ble Authority,
the matter can be proceeded with a Final
Hearing instead of hearing on the present stay
Application.

5. It is submitted that, Non – Applicant No. 3


seeks the leave of this Hon'ble Court to refer
and rely upon the argument and the findings
mentioned in the impugned order dated
05/06/2024, in order to avoid the multiplicity of
facts and grounds.

6. As the application itself is not


maintainable and Non-est (illegal) in the eyes of
Law the same deserves to be dismissed with
heavy cost. If the present application is allowed
the Non – Applicant No. 3 will suffer an
irreparable loss. On the contrary if the present
application is dismissed and the matter is heard
finally, the Applicant will not suffer any
irreparable loss. Therefore, the present
application needs to be dismissed.

Nagpur
Date: 30/10/2024 Non – Applicant No.
3

SOLEMN AFFIRMATION
I Vyankatrao S/o. Subhas Raut, Age _____ yrs
old, R/o. Residing at Post: Bapera, Tah. Tumsar, Dist.
Bhandara, the Non – Applicant No. 3, do hereby take
oath and state on solemn affirmation that the
contents of the present Non – Applicant No. 3 are
explained to me in Hindi. After properly
understanding all those contents, I say that, all those
contents of Para No.1 to 6 are true to the best of my
personal knowledge and belief and legal submissions
made therein are incorporated by my advocate
which I believe to be true.
Hence verified and signed on this ___ day of
____________, 2024 at Nagpur.

I know and identify


the deponent. The
contents of the
DEPONENT
present application
are explained to her in
Hindi, and she accepts
them to be true.

Adv. Prateek D. Sharma


Counsel for the Applicant

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