Rahul Balasaheb Gund v. The State Of Maharashtra And Others

2025:BHC-AUG:17332 (1) 6-wp-8038-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8038 OF 2025 RAHUL BALASAHEB GUND

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. Chaitanya Satishrao Deshmukh, Advocate for the Petitioner. Mr. S. P. Joshi, AGP for Respondents-State.

...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : 07th JULY, 2025.

P.C.:- 1.

The learned Advocate appearing for petitioner submits that petitioner's JCB machine has been seized in exercise of powers under Section 48(7) and (8) of the Maharashtra Land Revenue Code, 1966. Now Appeal against such order is pending before Additional Divisional Commissioner at Nashik. During pendency of Appeal, petitioner prayed for interim relief in the nature of stay to impugned order passed by subordinate Revenue Authorities. However, his application is rejected.

2.

The learned AGP submits that substantive Appeal of petitioner is pending and same is kept for hearing tomorrow. If petitioner co-operates, Appeal itself can be decided expeditiously. 3.

Considering submissions advanced and fact that petitioner has impugned ad-interim order requesting to grant stay, this Court

(2) 6-wp-8038-2025.odt deems it appropriate to dispose of this Writ Petition without entering into merits of the matter.

4.

In result, Writ Petition is disposed of. The learned Additional Divisional Commissioner at Nashik is requested to expeditiously decide Appeal No.356/2025 of petitioner on its own merits within a period of four weeks from today. (S. G. CHAPALGAONKAR) JUDGE Devendra/July-2025