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Bombay High CourtWP/5581/2018dismissed

Suresh @ Akashy Anandrao Jagpat And ANR. v. The State Of Maharashtra, Through Govt. Pleader And ORS.

2018-04-09Hon'Ble Shri Justice R.D. Dhanuka2 pages

21-wpst7359-18 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (STAMP) NO.7359 OF 2018 Suresh @ Akashy A. Jagpat & Anr.

...Petitioners

V/s.

The State of Maharashtra & Ors.

...Respondents

Mr.Vaibhav V. Ugle for the Petitioners.

Mr.S.D. Rayrikar, A.G.P. for the State - Respondent Nos.1, 3 and 4. Mr.Uday Bobade with Mr.Mohan Tekavde, Ms.Angela Singha and Ms.Modini Mulakatte for the Respondent No.2.

CORAM : R.D. DHANUKA, J.

DATE : 9TH APRIL, 2018.

P.C. :- 1.

The petitioners have admittedly not impugned the recovery certificate under section 101 of the Maharashtra Co-operative Societies Act but has impugned the order dated 6th February, 2018 passed by the learned Collector, Pune directing the petitioners to hand over vacant possession of the property to the respondent no.2. 2.

On 13th March, 2018, this Court after hearing the parties made a prima-facie observation that there is no substance in this writ petition. Learned counsel appearing for the petitioners sought time to make one time settlement proposal to the respondent no.2. One time 1/2

21-wpst7359-18 settlement proposal of the petitioners has been rejected by the respondent no.2. On 19th March, 2018, this Court has made it clear that if the matter is not settled within two weeks from the order dated 19th March,2018 , no further adjournment would be granted. This Court has also granted indulgence to the petitioners to introduce a buyer for purchasing the property in question. The petitioners have failed to introduce any buyer. There is no infirmity in the impugned order.

3.

In my view, there is no merit in this writ petition. The writ petition is accordingly dismissed. There shall be no order as to costs. (R.D. DHANUKA, J.) 2/2