SURESH KUNJILAL CHAVAN Vs. CHIEF OFFICER

JUDGEMENT

(1.) Rule returnable forthwith. Heard finally by consent of parties.

(2.) A non-speaking order made by the Civil Judge (S.D.), Akola, the Court of law, is under challenge in the present writ petition. It is not expected of a judicial officer to make a non-speaking order that too at the rank of Senior Division. Learned Counsel for the petitioner argued before me that he filed the suit along with an application for grant of leave to file suit without serving notice under Section 80 of the Code of Civil Procedure on the Collector, Akola, as he apprehended demolition of his house property at the instance of the Municipal Council, and since the land belongs to the Government, the apprehension expressed by him in the suit as well as in the application was genuine and there was immediate threat of demolition of his house property and that is why there being emergency, it was necessary to dispense with the notice.

(3.) Per contra, A.G.P. Shri Khubalkar for respondent No.2 supported the impugned order and Advocate Shri Ghare for respondent No.1 did not dispute that the order is sans any reason, and therefore, prayed that the said application deserves to be reheard by the trial Court, by following the procedure laid down in the case of State of A.P. And Others...Versus...Pioneer Builders, A.P. reported in 2006 (12) Supreme Court Cases 119.