Bombay High CourtWP/8766/2022disposed off

Prashant Kantilal Gujar v. The State Of Maharashtra And ORS

2023-08-24Hon'Ble Shri Justice K.R. Shriram,Hon'Ble Justice Dr. Neela Kedar Gokhale2 pages

2023:BHC-AS:28413-DB 1/2 32-WP-8766-2022 (corrected).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8766 OF 2022 Prashant Kantilal Gujar ....Petitioner V/s.

The State of Maharashtra & Ors.

....Respondents ---- Mr. Saurabh Butala with Shubham Gangan, for Petitioner. Mr. A. I. Patel, Addl. GP with Ms. K. N. Solunke, AGP, for Respondents-State. ---- CORAM : K. R. SHRIRAM & Dr N K Gokhale, JJ.

DATED : 24th AUGUST 2023 P.C. :

Petitioner is aggrieved by an order dated 21st June 2022 passed by Respondent No.3. Petitioner has also filed an appeal to Respondent No.2 against the said order. Mr. Bhutala states that Petitioner had preferred a stay application before Respondent No.2 and both appeal and application are still pending. Mr. Bhutala states, to the best of his knowledge, the appeal and stay application have not even been numbered. Since Respondent No.4 has proceeded to execute the order passed by Respondent No.3, this Petition came to be filed.

By an order dated 22nd July 2022 this Court was pleased to direct Respondents not to take coercive action against Petitioner pursuant to undated letter of 13th July 2022. Petitioner has been enjoying this interim protection of this Court and there is nothing to indicate that Petitioner has Gaikwad RD This order has been modified by 'Speaking to Minutes' of the order dated 4th September 2023.

2/2 32-WP-8766-2022 (corrected).doc taken any steps to have his appeal/stay application heard expeditiously by Respondent No.2.

Therefore, we hereby direct Respondent No.2 to dispose the said stay application along with appeal within four weeks from today. The protection granted by this Court on 22nd July 2022 shall continue only till 30th September 2023 and no more.

Petition disposed. We clarify that we have not made any observations on the merits of the matter.

(Dr N K Gokhale, J.) (K. R. SHRIRAM, J.) Gaikwad RD This order has been modified by 'Speaking to Minutes' of the order dated 4th September 2023.