Bharat Govind Dhumal v. State Of Maharashtra Thr. The Minister Of Co Operation Department And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9041 OF 2024 Bharat Govind Dhumal .. Petitioner Vs.

The State of Maharashtra & Ors.

.. Respondents Mr. Balasaheb Deshmukh, Advocate for Petitioner. Mr. N.C. Walimbe, Addl. G.P. a/w. Mr. S.P. Kamble, AGP, for RespondentState. CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 16TH AUGUST, 2024.

P.C. :

1.

Not on board. Taken on board.

2.

Rule.

3.

Rule made returnable forthwith and heard the learned Counsel for the parties.

4.

In this Writ Petition, the petitioner prays that during the pendency of the Revision Application preferred by the Petitioner under Section 154 of the Maharashtra Cooperative Societies Act, 1960, the Judgment dated 2nd March 2023 passed by the Authorised Officer be stayed. 5.

While issuing the notice on 28th June 2024, time was granted to the learned Additional Government Pleader to obtain instructions as regards the time within which the revision application would be decided. It was further directed that no coercive steps be taken against the petitioner in the meanwhile.

6.

Today it is informed by the learned Counsel for the petitioner that time has been granted to place on record written notes of argument in the 1/2 507-WP-9041-2024.doc Talwalkar

Revision Application. Thereafter, the proceedings would be closed for passing final order. However, in the meanwhile, the Circle Officer has issued a communication dated 5th August 2024 directing the Liquidator to take steps to take back the possession of the land bearing Gut No. 735/2 Mouje Andarsul, Taluka Yeola from the petitioner. 7.

In view of the fact that the petitioner's Revision Application is pending consideration before the State Government, following directions would serve the ends of justice:

(i) The Revision Application preferred by the petitioner shall be decided by the State Government on its own merits and in accordance with law within a period of 8 weeks from the receipt of the copy of this order.

(ii) Till the time the said Revision Application is decided and for a further period of two weeks from the application of that order, no steps be taken to disturb the possession of the petitioner. (iii) Keeping all the contentions of the parties open, Rule is disposed of in the aforesaid terms. No costs.

(iv) The parties to act on the authenticated copy of this order. [ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] ARUNA SANDEEP TALWALKAR ARUNA SANDEEP TALWALKAR Date: 2024.08.17 16:35:11 +0530 2/2 507-WP-9041-2024.doc Talwalkar