The Solapur Co-Operative Housing Society Limited v. The State Of Maharashtra Thr District Collector And ORS

Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 2671 OF 2023 The Solapur Co-operative Housing Society Limited.

..Petitioner.

Versus

The State of Maharashtra & Ors.

..Respondents __________ Mr. Ashutosh Kulkarni i/b. Akshay Kulkarni for Petitioner. Smt. V. S. Nimbalkar, A.G.P. for Respondent Nos.1 and 10. __________ CORAM : SARANG V. KOTWAL, J.

DATE : 21 APRIL 2023 PC :

1.

The Petitioner has challenged the order dated 30/06/2022 passed by the Respondent No.9 i.e. The Additional Divisional Commissioner, Pune Division, Pune, in R.T.S. Appeal No.53 of 2022; thereby rejecting the stay application preferred by the Petitioner in the said proceeding.

2.

Heard Shri. Ashutosh Kulkarni, learned counsel for the Petitioner and Smt. Nimbalkar, learned A.G.P. for the Respondent Digitally signed by VINOD BHASKAR GOKHALE Date:

2023.04.25 13:31:04 +0530 VINOD BHASKAR GOKHALE Nos.1 and 9.

3.

The Petitioner has challenged the orders dated

03/03/2022 and 17/03/2022 passed by the Collector, Solapur; thereby the Collector had accepted the amount of Rs.16,10,123/- from one Ashok Walsangkar and had issued no objection for regularization of transfer of his plot. The said Appeal is still pending before the Respondent No.9. The stay application is rejected on 30/06/2022. It can be seen that the Appeal U/s.256 of the Maharashtra Land Revenue Code is pending before the Respondent No.9 for quite some time. It would be desirable that the Appeal is decided expeditiously and within a time bound manner; so that all the questions raised by the Petitioner can be decided by the said authority.

4.

Hence, the following order:

O R D E R

i)The Respondent No.9 The Additional Divisional Commissioner, Pune Division, Pune is requested to decide the Appeal No.53 of 2022 pending before him within a period of three months from today; without being influenced by the order

rejecting stay.

ii) All the contentions are left open to be decided by the Respondent No.9.

iii) With these observations, no further orders are necessary in the present petition and the petition is disposed of.

(SARANG V. KOTWAL, J.)