Shri. Nandakumar Balkrushna Salvi v. State Of Maharashtra Through Prin. Secretary, Dept. Of Revenue And Forest And ORS

hcs 904.w7703.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7703 OF 2019 Nandakumar Balkrushna Salvi ...

Petitioner.

V/s.

State of Maharashtra & Ors.

...

Respondents.

Mr.P.K. Dhakepalkar, Senior Advocate i/b Mr.Jaydeep Deo for the Petitioner.

Dr.Mrs.K.R.Kulkarni AGP for Respondent Nos.1 to 6 - State. CORAM : R. M. BORDE AND N. J. JAMADAR, JJ.

DATE : 19TH JULY, 2019.

P.C.:

1] Heard.

2] Rule. Rule made returnable forthwith. Learned AGP waives service on behalf of the State. By consent of the parties the petition is taken up for final hearing at the stage of admission.

3] Learned counsel appearing for the petitioner states that an appeal challenging the order passed by the Tahsildar is pending for consideration before the Sub-Divisional Officer, Thane. During continuance of the appeal, the Tahsildar has issued an order initiating coercive steps for recovering of the amount which claim is subject matter of the appeal pending before the Sub-Divisional Officer. It is informed that the arguments in the appeal have already been heard and the matter is closed for passing orders. In the circumstances, the writ petition is disposed of with directions to the Sub1/2

904.w7703.19.odt Divisional Officer to take decision in the pending appeal as expeditiously as possible and preferably within three months from today and it is, accordingly, directed.

4] In the meanwhile, we direct the Revenue Authorities not to take coercive steps against the petitioner. The impugned communication issued by the Tahsildar for enforcing recovery of amount stands quashed. The writ petition is disposed of, accordingly.

(N. J. JAMADAR, J.) (R. M. BORDE, J.) 2/2