Bharat Manikrao Gavit v. Dilip Atmaram Pawar And Others

2025:BHC-AUG:9133

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 988 CIVIL APPLICATION NO. 3435 OF 2025 IN WP/2918/2025 BHARAT MANIKRAO GAVIT

VERSUS

DILIP ATMARAM PAWAR AND OTHERS Mr. D. S. Bagul, Advocate for the applicant Mr. V. D. Hon, Senior Advocate i/b Mr. A. V. Hon, Advocate for the petitioner in Writ Petition No. 2918/2025

CORAM

: R. M. JOSHI, J.

DATE : 27th MARCH, 2025 PER COURT :- 1.

This Civil Application is for extension of interim relief granted by this Court till 2nd April, 2025.

2.

Facts as they appear from the record indicates that pursuant to the order passed by this Court dated 10th March, 2025, petitioner has preferred appeal before the Commissioner of Sugar (Administration). This Authority however, intimated to the petitioner in writing that the appeal would not lie before the said Authority and to same has to be filed before the Minister. Pursuant thereto the appeal has been filed before the Minister, however, since the Minister is not available for hearing on account of on going session, notice of hearing has been made returnable on 2nd April, 2025.

3.

Learned counsel for the applicant therefore seeks extension of interim relief granted by this Court till 2nd April, 2025. 4.

Learned senior counsel for the respondents opposed the said contention by pointing out that this is nothing but an attempt to get the interim relief extended on one or the other ground. 988.ca3435.25.odt

5.

Perusal of the records indicates that this is not the case wherein the applicant has not initiated any proceedings before the Authority pursuant to order of this Court. However, since the Authority has refused to entertain the said proceedings, the petitioner had no alternative but to move the proceeding before the Minister. Notice dated 24th March, 2025 indicates that the hearing has been scheduled before the Minister on 2nd April, 2025. In the circumstances, this Court finds it appropriate to extend the interim relief till 2nd April, 2025. The interim relief granted by this Court in Writ Petition No. 2918/2025 stands extended till 2nd April, 2025 on the same conditions in order dated 10th March, 2025.

6.

It is further clarified that since the appeal has already been filed before the Minister, there shall be no further extension of interim relief by this Court.

7.

It is hereby clarified that passing of this order does not mean that this Court has endorsed the view of the Commissioner of Sugar. 8.

Civil Application stands disposed of.

(R. M. JOSHI, J.) ssp 988.ca3435.25.odt