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Bombay High CourtWP/12554/2025disposed off

Mrs. Pragati Pramod Bhosale v. Divisional Commissioner, Konkan Division, Mumbai

2025-11-28Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

907-wp-12554-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12554 OF 2025 Pragati Pramod Bhosale .....Petitioner Vs.

Divisional Commissioner, Konkan Division, Mumbai & Ors.

.....Respondents Mr. P. D. Dalvi, for the Petitioner.

Mr. Sanjay D. Rayrikar, AGP, for the Respondent Nos.1 to 3-State. CORAM : S. G. CHAPALGAONKAR, J.

DATED : 28th NOVEMBER 2025 P.C.:- 1.

The present Writ Petition raises challenge to Order No.Visha/Desk-3/V.P.Bhagavatinagar/E-950409/2024 dated 9th September 2025 passed by Divisional Commissioner, Konkan Division, Mumbai under provisions of Section 39(1) of Maharashtra Village Panchayat Act, 1959 (For short, 'MVP Act'). Undisputedly, Petitioner has already availed remedy of appeal under Section 39(3) of MVP Act. Alongwith appeal, he has filed an application seeking stay to impugned order. However, same is not taken up for hearing. 2.

The learned AGP in response to directions of this Court while apprising about status of proceeding, placed on record communication dated 28th November 2025 signed by Desk Officer, Gaikwad RD 1/2

907-wp-12554-2025.doc which assures that Petitioner's pending appeal would be decided within a period of four weeks from today. The aforesaid statement is accepted as undertaking to this Court.

3.

Mr. Dalvi, learned Advocate appearing for Petitioner would submit that since Petitioner's application for grant of stay was not taken up for hearing, necessary directions are required to be given to protect interest of Petitioner, pending appeal before Hon'ble Minister. In that view of the matter, without going into merits of contentions, the Writ Petition stands disposed of as under:

ORDER

i) The Hon'ble Minister is requested to decide pending appeal within four weeks from today.

ii) Till final decision of Appeal, the execution of order dated 9th September 2025 passed by Divisional Commissioner, Konkan Division, Mumbai in proceeding No. Visha/Desk-3/ V. P. Bhagavatinagar/E-950409/2024 shall be kept in abeyance.

(S. G. CHAPALGAONKAR, J.) Digitally signed by RAJU DATTATRAYA GAIKWAD Date:

2025.11.28 19:02:28 +0530 RAJU DATTATRAYA GAIKWAD Gaikwad RD 2/2