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Judgment
This writ petition has been filed by the petitioner aggrieved against order dated 13.11.2019 passed by the Additional District Collector, whereby, the application filed by respondent No. 1 for appointment of Commissioner for site inspection has been allowed.
In a revision petition filed under Section 97 of the Panchayati Raj Act, 1994, an application seeking stay was filed.
The said application was rejected by the Additional District Collector by his order dated 18.10.2019.
Whereafter, an application was filed on 06.11.2019 by the respondent No. 1 seeking preponement of the date of hearing alongwith another application under Sections 144 and 151 CPC. Thereafter another application was filed on 13.11.2019, seeking appointment of local commissioner.
The Additional District Collector on 13.11.2019 itself ordered for appointment of commissioner and directed Tehsildar, Vijaynagar to give the report and fixed 30.12.2019 as the next date.
Learned counsel for the petitioner made submissions that before appointment of local commissioner, no opportunity of hearing was accorded to the petitioner. Further submissions have been made that once the application seeking stay was rejected on 18.10.2019, a fresh application was not maintainable and, therefore, the Additional District Collector could not have ordered for appointment of commissioner and prayed that the order impugned be quashed and set aside.
I have considered the submissions made by learned counsel for the petitioner and have perused the material available on record.
It is not in dispute that the application filed by respondent No. 1 seeking stay was rejected by the Additional District Collector on 18.10.2019. Whereafter, application dated 06.11.2019 was filed indicating certain aspects said to have been done by the petitioner after passing of the order dated 18.10.2019 and, based on which, further reliefs of restoration and injunction were sought. Alongwith the said application, application for appointment of Commissioner was also filed.
The Additional District Collector while issuing notices on the applications, ordered for appointment of commissioner.
In so far as non-grant of opportunity before appointment commissioner is concerned, mere appointment of commissioner by itself, in the circumstances of the case, cannot prejudice the case of the petitioner. The petitioner would be free to appear before the commissioner at the time of inspection and/or as and when the report is filed, the petitioner would have an opportunity to question the validity of the said report and/or contents of the said report. Further the petitioner also would have opportunity to contest the application filed by respondent No. 1 on 06.11.2019, wherein, the petitioner can always make submission that there are no changes in the circumstances since passing of the order dated 18.10.2019 and if the said plea is found correct the order granted on 18.10.2019 would take care of the case.
In view thereof, no case for interference in the order impugned is made out. The writ petition filed by the petitioner has no substance, the same is, therefore, dismissed.