Suryaji Raghoba Mokashi v. Suresh Vishwanath Pattanshetti And ORS

7 - WP. 12095-19 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 12095 OF 2019 Suryaji Raghoba Mokashi ...

Petitioner Vs.

Suresh Vishwanath Pattanshetti & Ors.

...

Respondents *** Mr. Sandeep S. Koregave, for the Petitioner.

Mr. Dhiraj Patil, for Respondent No. 2.

Mr. Nikhil M. Pawar, for Respondent.

Mr. P. P. Pujari, AGP for Respondent Nos. 4 to 8. *** CORAM : C. V. BHADANG, J.

DATE : FEBRUARY 27, 2020 PC :

1.

This petition can be disposed of on a short count. The Petitioner is challenging the order dated 13th November, 2019 passed by the Additional Commissioner, Pune Division, Pune in RTS-ReviKo-286/2019 , thereby refusing to grant stay to the order passed by the Sub-Divisional Officer (for short "SDO"), and the Additional Collector, which orders are subject matter of challenge in the revision by Vinayak P.

Halemath Date:

2020.02.29 18:33:00 +0530 Vinayak P.

Halemath application. The record discloses that on 27th September, 2019 interim relief was granted in terms of prayer clause (c), which reads thus: "(c) Pending the hearing and final disposal of the present writ petition execution and 1 / 2

7 - WP. 12095-19 implementation of order of Add. Collector, Kolhapur in RTS/Second Appeal No. 610/2018 dated 05.08.2019 arising from order of S.D.O. Gadhinglaj dated 24.08.2018 in RTS/Appeal/30/ 2018 and order dated 28.02.2018 passed by Mandal Officer in RTS/Complaint/S.R. 22/2018 be stayed."

2.

At this stage, the learned counsel for the Petitioner submits that the petition can be disposed of, directing the expeditious hearing of the revision application and the ad-interim relief granted earlier be continued for a limited period. In that view of the matter, the petition is disposed of with a direction to the Additional Commissioner to decide the aforesaid revision application on its own merits and in accordance with law as expeditiously as possible, and preferably within a period of 12 weeks from the receipt hereof. Ad-interim relief granted by this Court on 27th November, 2019 shall continue to operate for a period of twelve weeks from the receipt of this order by the learned Additional Commissioner. Rival contentions of the parties are left open. In the circumstances, there shall be no order as to costs. Sd/- C. V. BHADANG, J.

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