Sanjay Kumar Jagdish Mishra And ANR v. State Of Maharashtra Thru Additional Commissioner , Pune Div. Pune And ORS

27 wp 1101-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1101 OF 2024 LAXMI SUBHASH SONTAKKE Sanjay Kumar Jagdish Mishra & Anr.

.. Petitioners LAXMI SUBHASH SONTAKKE Date: 2024.02.01 12:28:42 +0530

Versus

State of Maharashtra & Ors.

.. Respondents Mr. Drupad Patil for the Petitioners.

Mr. A I. Patel, Addl. GP a/w R. S. Pawar, AGP for Respondent-State.

CORAM

: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE : JANUARY 30, 2024 P. C.

1.

The above Writ Petition is filed seeking a writ of mandamus to direct Respondent No.1 to decide RTS Appeal No. 65 of 2023 filed by the Petitioners as expeditiously as possible.

2.

The learned Counsel appearing for the Petitioners submitted that along with the Appeal, the Petitioners have also prayed for interim reliefs. Till date, the Additional Commissioner, Pune Division, Pune has neither heard any application for interim reliefs nor decided the Appeal. JANUARY 30 2024 Laxmi

27 wp 1101-24.doc 3.

Considering these circumstances, we direct that the Additional Commissioner, Pune Division, Pune [Respondent No.1] is directed to hear RTS Appeal No. 65 of 2023 as expeditiously as possible, and in any event, within a period of eight weeks from today. During the pendency of the Appeal, the Additional Commissioner, Pune Division, Pune shall also give a hearing of the application for interim reliefs within the next ten days. This obviously shall be done by issuing notice to all concerned parties. 4.

The above Writ Petition is disposed of in the aforesaid terms. No order as to costs.

5.

It is needless to clarify that we have not opined on the merits of the matter, one way or the other and the first Respondent shall decide the application for interim reliefs as well as the Appeal on its own merits and in accordance with law.

6.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or [ SOMASEKHAR SUNDARESAN, J.] [ B. P. COLABAWALLA, J.] JANUARY 30 2024 Laxmi