Dr. Shivajirao Bhaurao Patil-Nilangekar And ANR. v. Marathwada Mitra Mandal Mumbai Through Its President

ssm 1 903-wpst9352.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (STAMP)NO. 9352 OF 2018 Marathwada Mitra Mandal, Mumbai .....Petitioner.

Vs.

The State of Maharashtra & Ors.

.....Respondents.

WITH CIVIL APPLICATION NO. 1861 OF 2019 IN WRIT PETITION (STAMP)NO. 9352 OF 2018 The Tahsildar (Revenue), Office of the Collector, MSD, Mumbai .....Applicant.

IN THE MATTER BETWEENMarathwada Mitra Mandal, Mumbai

.....Petitioner.

Vs.

The State of Maharashtra & Ors.

.....Respondents.

WITH CIVIL APPLICATION NO. 1031 OF 2018 IN WRIT PETITION (STAMP)NO. 9352 OF 2018 Dr. Shivajirao Bhaurao Patil-Nilangekar & Anr. .....Applicants.

IN THE MATTER BETWEENMarathwada Mitra Mandal, Mumbai

.....Petitioner.

Vs.

The State of Maharashtra & Ors.

.....Respondents.

Adv. Amey C. Sawant i/by Adv. S.M. Sabrad for the Petitioner. Smt. M.S. Bane, AGP, for the Respondent-State. 1/3

ssm 2 903-wpst9352.18.doc CORAM : A. S. GADKARI, J.

DATE : 4th OCTOBER, 2019.

P.C.:- Civil Application No. 1031 of 2018 is not on board. At the request of the learned counsel taken on board. The present Petition is directed against an Order dated 19th March, 2018 passed in Appeal No.194 of 2018 by the Additional Commissioner, Konkan Division, thereby rejecting the prayer for grant of stay to the impugned Order therein.

By an Order dated 26th March, 2018, this Court granted ad-interim relief in terms of prayer clauses (c) and (d) of the Petition. The learned AGP submitted that, by an Order dated 16th April, 2019, the Additional Commissioner, Konkan Division has already decided the said Appeal and rejected the same. The learned counsel for the Petitioner submitted that, against the said Order dated 16th April, 2019 passed by the Additional Commissioner, Konkan Division, thereby rejecting the said Appeal, the remedy of Revision is availed by the Petitioner before the State Government and the same is pending for final adjudication. He further submitted that, the Petitioner has also filed an Application for 2/3

ssm 3 903-wpst9352.18.doc stay in the matter. However, in view of the ensuing elections and code of conduct applied thereto, the said Application could not be heard by the concerned Authority.

As the Petitioner has already filed Revision before the State Government, the ad-interim relief granted by this Court on 26th March, 2018 to remain in force for a period of four weeks from today. In view thereof, the present Petition is disposed off, as infructuous.

In view of the disposal of the Writ Petition (Stamp) No. 9352 of 2018 itself, Civil Application Nos. 1861 of 2019 and 1031 of 2018 do not survive and are accordingly disposed off. (A.S. GADKARI, J.) 3/3