Sangita Dnyanba Magar And Another v. Dhanraj Kundlik More And Others

10932.23WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 901 WRIT PETITION NO. 10932 OF 2023 SANGITA DNYANBA MAGAR & ANOTHER

VERSUS

DHANRAJ KUNDLIK MORE & OTHERS ...

Advocate for the petitioners : Mr.V.D.Salunke AGP for Respondent-State : Mrs.R.P.Gaur ...

CORAM :ARUN R. PEDNEKER, J.

DATE :05.09.2023 P.C. :

1] Heard the learned counsel for the petitioners. 2] The learned AGP submits that the impugned order is challengable before the appropriate Authority under Section 9 of the Maharashtra Money-lending Act. 3] In view of the submissions of the learned AGP, the learned counsel for the petitioners seeks leave to withdraw the present Writ Petition, with liberty to file appropriate proceedings before the appropriate authority challenging the impugned order. He submits that the time spent in prosecuting the present Writ Petition would be excluded under Section 14 of the Limitation Act for computing the period of limitation in filing the appropriate

10932.23WP proceedings before the authority. He further submits that no mutation entry may be carried out for two weeks from today.

4] In view of the submissions made, it is directed that no mutation entry be carried out for two weeks from today. However, it is clarified that the protection granted today is not on merits of the matter and the authority concerned would independently examine the case of the petitioners on merits.

5] The protection is granted only on the submission of the petitioner that he will approach the concerned authority within one week.

6] In view of the same, the present Writ Petition is disposed of with liberty as prayed. The authority concerned to decide the matters on its own merits.

[ARUN R. PEDNEKER] JUDGE DDC