Kolhapur Zilla Sahakari Dudh Utpadak Sangh Ltd. v. Vishesh Karya Adhikari, Lekhapanksha Mandal (Padum) Maharashtra Rajya And ORS.

prod-14-wp-326-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATTE JURISDICTION WRIT PETITION NO.326 OF 2017 (Balance Production Board Dt.11/01/2017) Kolhapur Zilla Sahakari Dudh Utpadak Sangh Limited, Kolhapur

...Petitioner

vs.

Vishesh Karya Adhikari, Lekhapanksha Mandal (Padum), Maharashtraand Othere

...Respondents

Mr. Amit Borkar, for the Petitioner Mrs. R.M. Shinde, AGP for the Respondents-State. CORAM : SHANTANU S. KEMKAR & PRAKASH D. NAIK, JJ.

DATE :

JANUARY 12, 2017 P.C.:

.

Not on board. Upon mentioning taken on board. 2.

Leave to amend is granted so as to amend the cause title relating to the description of Respondent No. 2. The amendment to be carried out forthwith.

3.

The grievance of the Petitioner is that against the decision dated 20th January, 2015 (Exhibit 'H') and the letters/communication dated 2nd June, 2015, 23rd June, 2015 and 9th February, 2016 its Revision is pending before Respondent No. 4. In the said Revision, the Vishal Parekar 1/2

prod-14-wp-326-2017.doc Petitioner has also filed an application for stay which has not been decided as yet. However, in the meantime, Respondent No. 2 is bent upon to recover the amount impugned in the Revision as according to him there is no stay by the Revisional Authority. 4.

Having considered the submissions made by the learned counsel for the parties and having regard to the facts that the Petitioner's Revision and stay Application is pending since 8th March, 2016 before Respondent No. 4/ Competent Authority, we are inclined to dispose of this Petition by directing Respondent No. 4 to consider and decide the Petitioner's stay Application/Revision as expeditiously as possible.

5.

Till the decision on the stay application, no coercive steps be taken against the Petitioners in pursuance to the communication dated 1st December, 2016 (Exhibit 'N').

6.

With the aforesaid direction, the Petition is disposed of. (PRAKASH D. NAIK, J.) (SHANTANU S. KEMKAR, J.) Vishal Parekar 2/2