Vidyabai Babanrao Karhale v. The State Of Maharashtra Through Its Secretary And Others

{1} wp10404-22 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10404 OF 2022 Vidyabai Babanrao Karhale PETITIONER

VERSUS

The State of Maharashtra and Others RESPONDENTS .......

Mr. D. A. Mane h/f Mr. N. R. Pawade, Advocate for the petitioner Mr. S. N. Kendre, AGP for respondent - State Mr. M. P. Kale, Advocate for respondent No.4 .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 7 th OCTOBER, 2022 ORDER :

1.

The grievance of the petitioner is that in spite of the substantive revision pending before respondent No.1, the stay application filed by the petitioner in the said revision is not being decided and the Tahsildar is proceeding to execute the order, impugned in the revision petition. The petitioner is also armed with an injunction order granted by the competent civil court in respect of the property in dispute.

2.

Learned advocate for the respondent No.4, by placing reliance on the Government Circular dated 18th January, 2022, submits that as per this Circular, orders impugned before the

{2} wp10404-22 authorities are stayed for a period of limitation I.e. limitation provided for appeal or revision and in that view of the matter, the petitioner can be said to be already protected. He further submits that since the substantive prayers made by the petitioner in the present petition are already made in the revision before respondent No.1, the petition may not be entertained.

3.

Taking into consideration the fact that the petitioner has filed revision and stay application and the stay application is not being taken up for consideration and the revenue authorities are bent upon to execute the order impugned in the revision petition, the writ petition is allowed in terms of prayer clause "D". The order impugned by the petitioner in the revision petition is stayed till decision on the revision application. The revision shall be decided expeditiously and in any case, within a period of one year from the date of receipt of writ of this order. [NITIN B. SURYAWANSHI] JUDGE drp/wp10404-22