CHANDRASHEKHAR UTTAM DANVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule returnable forthwith. With the consent of learned counsel for the petitioner and learned counsel for the respondents, the Petition is heard finally at the stage of admission.

(2.) The petitioner has preferred this Petition under Article 226 and 227 of the Constitution of India seeking the following reliefs :-

(3.) In brief, it is the contention of learned counsel for the petitioner that the impugned orders passed by the respondent nos.2 and 3 are not sustainable in law as same are passed in complete disregard to the provisions of the Mamlatdar's Courts Act, 1906 (Hereinafter referred to as "the said Act"). It is submitted that acting on the simple application moved by the respondent no.6, the respondent no.3 has passed the impugned order dated 27.05.2019 without affording opportunity of hearing and conducting the inquiry as contemplated under the provisions of the said Act. The interim relief has been granted in the nature of final relief without any inquiry and opportunity of hearing to the petitioner.