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Judgment
Rule made returnable forthwith. Heard the matter finally by consent of learned counsels appearing for the parties.
The Additional Commissioner, Nagpur, has permitted to petitioners to withdraw their appeals challenging the order of disqualification. It is not in dispute that the petitioners never asked for permission to withdraw the appeal. What was filed before the Additional Commissioner was an application for permission to withdraw the complaint about disqualification of the petitioners. In view of this, the impugned order cannot be sustained. The same will have to be quashed and set aside and the Additional Commissioner to decide the matter afresh.
In the result, the writ petitions are allowed. The order dated 23.11.2016 passed by the Additional Commissioner, Nagpur, is hereby quashed and set aside. The Additional Commissioner, Nagpur, to decide the application filed by the complainant for withdrawal of his complaint in accordance with law after hearing the parties concerned. The parties to appear before the Additional Commissioner, Nagpur, on 17.04.2017. The Commissioner to decide the application within a period of one week therefrom.
Rule is made absolute in above terms. No order as to costs.