Vaijantimala Ramsevak Yadav And ORS v. Apex Grievance Redressal Committee And ORS

2023:BHC-AS:38291

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.15704 OF 2023 Mallesh Maheshnath Ramancha

...Petitioner

Versus

Apex Grievance Redressal Committee & Ors.

...Respondents

WITH WRIT PETITION NO.15705 OF 2023 Vaijantimala Ramsevak Yadav & Ors.

...Petitioners

Versus

Apex Grievance Redressal Committee & Ors.

...Respondents

Mr. Altaf Khan a/w. Ms. Shabana Shaikh, for the Petitioners in both WPs. Mr. Shahajirao Shinde a/w. Mr. Kuldip T. Pawar, for Respondent No.1AGRC in both WPs. Mr. Jagdish G. Aradwad (Reddy), for Respondent Nos.2, 3 and 4-SRA in both WPs.

Mr. Yash Momaya, Mr. Parth Jain i/b. Jain Law Partners, for Respondent No.5-Society in both WPs.

Mr. Ravi Kadam, Senior Advocate a/w. Mr. Samit Shukla, Ms. Saloni Shah, Ms. Sayali Diwadkar i/b. DSK Legal, for Respondent No.6 in WP/15704/2023.

Mr. Chirag Mody a/w. Mr. Samit Shukla, Ms. Saloni Shah, Ms. Sayali Diwadkar i/b. DSK Legal, for Respondent No.6 in WP/15705/2023. Mr. R. Y. Sirsikar, for Respondent Nos.7 and 8 in both WPs. 1/3

Mr. S. D. Rayrikar, AGP, for the State/Respondent No.9 in both WPs. CORAM : MADHAV J. JAMDAR, J.

DATED : 18th DECEMBER 2023 P.C. :

1.

Heard Mr. Altaf Khan, learned Counsel appearing for the Petitioners, Mr. Shahajirao Shinde, learned Counsel appearing for Respondent No.1-Apex Grievance Redressal Committee (hereinafter referred to as "AGRC"), Mr. Jagdish Aradwad (Reddy), learned Counsel appearing for Respondent Nos.2, 3 and 4-SRA, Mr. Yash Momaya, learned Counsel appearing for Respondent No.5-Society, Mr. Ravi Kadam, learned Senior Counsel appearing for Respondent No.6 in Writ Petition No.15704 of 2023, Mr. Chirag Mody, learned Counsel appearing for Respondent No.6 in Writ Petition No.15705 of 2023 and Mr. R. Y. Sirsikar, learned Counsel appearing for Respondent Nos.7 and 8.

2.

Learned Counsels appearing for the contesting parties state that reasons need not be recorded for passing this order. 3.

Accordingly, the Writ Petition is disposed of in the following terms:- i.

The Respondent No.1-AGRC is requested to dispose of 2/3

the Appeal challenging the legality and validity of the order dated 8th December 2023 within a period of 30 days from today.

ii.

Till the Appeal is decided, the impugned order of eviction dated 8th December 2023 shall not be executed. iii.It is clarified that this Court has not considered the merits and all the contentions on merits are expressly kept open.

iv.The Writ Petition is disposed of in above terms with no order as to costs.

4.

The Petitioners to bring this order to the notice of the AGRC by filing appropriate praecipe.

[MADHAV J. JAMDAR, J.] 3/3