Wagheshwar Vivid Karyakari Sahakari Vikas Seva Sanstha Ltd. Wagholi Thr. Secretary v. The State Of Maharashtra Secretary Revenue And Forest And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10530 OF 2022 Wagheshwar Vivid Karyakari Sahakari Vikas Seva Sanstha Ltd.

....Petitioner

Versus

The State of Maharashtra Secretary Revenue and Forest and Ors.

....Respondents --- Mr. Prathamesh Bhargude for petitioner.

Mr. S.L. Babar, AGP for Respondent No. 1 to 6-State. --- CORAM : R. D. DHANUKA & S. G. DIGE, JJ.

DATE : 30th NOVEMBER, 2022.

P.C. :

1.

The learned AGP waives service for the Respondent-State. Rule is made returnable forthwith. By this petition filed under Article 226 of the Constitution of India, the petitioner seeks writ of certiorari for quashing and setting aside the impugned order dated 8th August 2022 passed by the Respondent No.6 and further seeks writ of mandamus and Respondent Nos. 1 and 2 to decide the 1/3

Revision Application No. 2220 of 2021 along with said application filed by the petitioner.

2.

Mr.Bhargude, learned counsel for the petitioner, on instructions, stated that the Revision Application filed by the petitioner is partly heard by the Hon'ble Minister on 13th October, 2022 and is now adjourned with no communication of the next date. Statement is accepted.

3.

We direct the Respondent Nos. 1 and 2 to dispose off the said Revision Application No. 2220 of 2022 within eight weeks from today and shall communicate the order passed by the Respondent no.2 to the petitioner within one week from passing such order. The Respondent shall not take any coercive step against the petitioner to implement the order dated 8th August 2022 passed by Respondent No.6 which is the subject matter of the said Revision Application as well as the notices dated 8th August 2022 which is the subject matter of this petition. Till such time, the Revision Application is decided by the Respondent No.2 and for the period of four weeks from the date of communication of the order if the same is adverse against the petitioner, the 2/3

impugned order which is the subject matter of Revision Application shall not be implemented.

4.

Writ Petition is disposed off. Rule is made absolute accordingly. No order as to costs.

5.

Parties to act on an authenticated copy of this order.

6.

The petitioner shall not seek any unnecessary adjournment before the Respondent No.2. It is made clear that this Court has not expressed any views on the merits of the matter. All contentions of both sides are kept open. (S. G. DIGE, J.) ( R. D. DHANUKA J.) 3/3