LAWS(BOM)-2011-4-127

GAJANAN SHANKAR SAWANT Vs. KANTI UTTAM NAIK

Decided On April 26, 2011
GAJANAN SHANKAR SAWANT Appellant
V/S
KANTI UTTAM NAIK Respondents

JUDGEMENT

(1.) HEARD Mr. C. Mascarenhas, learned Advocate for the petitioners and Mr. J. Godinho, learned Advocate for respondent nos. 1, 3, 5, 6, 8 to 12, 13(a) and 13(b). None present on behalf of other respondents, though served.

(2.) RULE. By consent heard forthwith.

(3.) MR. Mascarenhas, learned Counsel for the petitioners states that the Collector as well as Administrative Tribunal have erred in law in passing the impugned orders. According to Mascarenhas, if Collector had no jurisdiction to entertain the appeal he ought not to have entertained the appeal and fixed the matter for hearings on different dates. He further submitted that serious prejudice would cause to the petitioners if the appeal preferred by the petitioners against the order passed by the Mamlatdar is not restored.