Shri. Kisan Genubhau Gandekar And ANR. v. The State Of Maharashtra And ORS.

DSS p-22-wp-11546-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11546 OF 2015 Kisan G. Gandekar and anr.

.. Petitioners vs.

The State of Maharashtra and ors.

.. Respondents Mr. V.S. Kapse for the Petitioners.

Ms A.D. Vhatkar, AGP for Respondent No.1.

CORAM :

M. S. SONAK, J.

DATE : 23 NOVEMBER 2015.

P.C. :- 1] Not on board. Upon production, taken on board. 2] The appeal filed by the Petitioner is already pending. This petition sought to be moved on the ground that on 26 June 2015, the Tahasildar has addressed a letter to the police authorities in the matter of enforcement of his order which is pending in appeal. 3] In the petition, there are no details whatsoever set out as to the steps taken by the Petitioners, after having obtained knowledge about the communication dated 26 June 2015 in the matter of getting interim relief from the Appellate Authority. The appeal is pending. On the basis of an unsubstantiated plea that the Appellate Authority has failed to fix a date till today, it is not possible to entertain the present petition. This petition is accordingly, dismissed. 1/2

DSS p-22-wp-11546-15 4] However, it is made clear that this Court has not examined the merits of the matter and therefore, it shall be open to the Petitioners to approach the Appellate Authority for making appropriate orders in the matter.

(M. S. SONAK, J.) dinesh 2/2