1 to 4 herein (in Civil Appeal arising out of WP No 9109/2021)
and has quashed and set aside orders dated 02.01.2020 and 17.02.2020 passed by the Deputy Collector, Pune Division and consequently dismissed WP No 2876/2022, the original writ petitioner in WP No 2876/2022 – contesting respondent
No 1 in WP No.
Subsequently, the very land which was allotted to Kaluram Jadhav came to be allotted in favour of the appellant herein – Rajaram Deshmukh by the Deputy Collector (Rehabilitation), Pune Division vide order dated 21.02.2019. That thereafter, after giving opportunity to both the parties including the co-owners of land held by Kaluram Jadhav, the Deputy Collector vide order dated 02.01.2020 passed a fresh order of allotment in favour of Rajaram Deshmukh – appellant herein and cancelled the order of allotment in favour of Kaluram Jadhav. Shri Nikhil Goel learned counsel appearing on behalf of respondent No 1 – Kaluram Jadhav (in Civil Appeal arising out of WP No 9109/2021) has submitted that pursuant to the impugned judgment and order passed by the High Court the Additional Collector has passed a fresh order which is in favour of respondent No 1.
Also Read: https://newslaw.in/supreme-court/quashing-of-enhanced-tuition-fee-in-private-medical-colleges/
However, subsequently and before orders dated 02.01.2020 and 17.02.2020 were passed the powers/authorities of Deputy Collector of Pune Division of allotment was taken away and therefore, the High Court has rightly observed that orders dated 02.01.2020 and 17.02.2020 were coram non-judice.
However, it is required to be noted that the Deputy Collector was directed to take a fresh decision pursuant to order dated 11.10.2019 passed by the Division Bench of the High Court in WP No 3126/2019 which was as such in the writ petition filed by respondent No 1 – Kaluram Jadhav.
However, at the same time as the High Court has not considered the legality and validity of orders dated 02.01.2020 and 17.02.2020 on merits and has not considered the rival claims of the respective parties on merits, the matter is required to be remanded to the High Court for fresh decision to consider the legality and validity of orders dated 02.01.2020 and 17.02.2020 on merits.
In view of the above and for the reasons stated above the impugned common judgment and order dated 29.04.2022 passed by the High Court quashing and setting aside orders dated 02.01.2020 and 17.02.2020 is hereby quashed and set aside.
Also Read: https://newslaw.in/supreme-court/final-decision-and-disclosure-in-collegium-meetings/
The present appeals are accordingly allowed to the aforesaid extent.
Case Title: RAJARAM ABASAHEB DESHMUKH Vs. THE STATE OF MAHARASHTRA (2022 INSC 1170)
Case Number: C.A. No.-008014-008015 / 2022
