Suresh Pandurang Pansare And ANR v. State Of Maharashtra Dept. Of Coopertion And ORS

9 WP.9038.2023 AS.doc Digitally signed by RUSHIKESH VISHNU PATIL Date:

2023.07.26 15:14:56 +0530 RUSHIKESH VISHNU PATIL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9038 OF 2023 Suresh Pandurang Pansare & Ors.

...Petitioners

Versus

The State of Maharashtra & Ors.

...Respondents

**** Mr. K. P. Shetye, for the Petitioners.

Mr. N. K. Rajpurohit, AGP for the State.

**** CORAM : DHIRAJ SINGH THAKUR AND SANDEEP V. MARNE, JJ.

DATE : 24th JULY, 2023.

P.C.:

.

With the consent of learned Counsel for the parties, the matter is taken up for fnal disposal.

2.

The Petitioners challenge the order dated 21st April, 2023 passed by the District Magistrate, Pune, authorizing the taking over of the possession of the property belonging to the Petitioners in terms of the powers exercisable by the said authority under Section 156 of the Maharashtra Co-operative Societies Act, 1960 ("the Act").

R.V. Patil

9 WP.9038.2023 AS.doc 3.

We have been informed that a revision petition has already been preferred by the Petitioners which is pending before the Divisional Joint Registrar under Section 154 of the Act which is accompanied by an application for condonation of delay which has still not been fnally decided. The said revision petition alongwith the application for condonation of delay have been fled and are pending since June, 2023.

Considering the fact that certain issues have been raised by the Petitioners on merits before the Revisional Authority, it would be appropriate to stay the order dated 21st April, 2023 till such time as appropriate orders are passed by the said Authority. We accordingly direct the Divisional Joint Registrar to pass appropriate orders in the application for condonation of delay and the revision petition preferably within a period of three weeks. Till then the operation of the order impugned shall remain stayed. The writ petition is disposed of accordingly. (SANDEEP V. MARNE, J.) (DHIRAJ SINGH THAKUR, J.) R.V. Patil