Mohanbhai Premji Patel And ORS v. State Of Maharashtra And ORS

wp12158.doc ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12158 OF 2018 Mohanbhai Premji Patel and others

...Petitioners

vs.

State of Maharashtra and others

...Respondents

Mr.M.L.Patil for the Petitioners Mr.Y.S.Khochare, AGP for the respondent Nos.1 to 7. Mr.Nevelle Mukerji and Mr.Asim Tirmizi i/b Veritas Legal for respondent NO.8 CORAM : A.S.OKA, & M.S.SONAK, JJ.

DATE : OCTOBER 22, 2018 P.C.:

.

Not on board. Taken on board.

Heard the learned counsel appearing for the petitioners and the learned AGP for respondent Nos.1 to 7 and the learned counsel for the respondent No.8. The case made out in this petition under Article 226 of the Constitution of India is that though the Revision Application and the Stay Application were filed on 10th September 2018, the State Government has not decided the application for stay within the time fixed in terms of the paragraph 3 of the order 7th September 2018 passed by the learned Single Judge in Writ Petition No.9880 of 2018.

wp12158.doc Our attention is invited to the copy of the application filed by the petitioner on 28th September 2018 before the State Government praying that Stay Application may be taken up immediately.

The learned counsel for the respondent No.8 opposes the prayer on the ground that he is not served with the notice. We find that a copy of the Revision Application and the Stay Application are annexed to the petition.

Hence, we dispose of the petition by passing the following order:

(I) We direct the petitioners and the respondent No.8 to appear in the office of the Revisional Authority on 24th October 2018 at 3.00 p.m.;

(II) We direct the Revisional Authority to decide the Stay Application as expeditiously as possible and in any event within a period of one week from 24th October 2018;

(III)We make it clear that as the Revisional Authority has already committed breach of the order dated 7th September 2018 passed by the learned Single Judge of this Court. Hence, non compliance with these directions will be viewed seriously;

(IV) All contentions on merits are kept open. (M.S.SONAK,J.) (A.S.OKA,J.)