Shankar Narhari Gonge And Another v. Kailas Kisan Dhole And Others

2024:BHC-NAG:787 wp312.24.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION No.312 OF 2024 (Shankar Narhari Gonge and another Vs. Kailas Kisan Dhole and others) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. D.R. Khapre, Advocate for petitioners.

Mr. B. Bhise, Advocate for respondent No.1 and 2. Mr. S.B. Bissa, AGP for respondent Nos.3 and 4. C ORAM : ANIL S. KILOR, J.

D ATE : 19 th JANUARY, 2024.

1.

Issue notice to the respondents.

2.

In the present matter the only grievance is that despite the matter is serious and it relates to taking of possession of agricultural land in question under the provisions of the Maharashtra Money Lending Act, 2014 and though the application for stay was filed alongwith appeal on 10.10.2023, no order was passed either on stay application or the appeal. It is submitted that after filing of the application for stay, non-consideration of prayer for grant of stay exparte or after hearing both the parties, amounts to rejection of prayer for stay.

3.

However, considering the dates since when the application for stay is pending and fact that thereafter it was listed on three occasions before the Divisional Joint Registrar, Co-operative Societies, Amravati, I am of the opinion that the ends of justice would be sub-served, if the Divisional Joint Registrar, Co-operative Societies, Amravati is

wp312.24.odt 2/2 directed to decide either the application for stay or appeal itself on or before 25th January, 2024 after hearing both the parties.

4.

Accordingly, writ petition is disposed of.

5.

The parties are directed to appear before the Divisional Joint Registrar, Co-operative Societies, Amravati tomorrow i.e. 20.1.2024 at 11.00 a.m.

6.

Learned Assistant Government Pleader undertakes to communicate this order to the Joint Registrar, Co-operative Society, Amravati.

7.

Steno copy is granted to the learned counsel appearing for the parties.

(ANIL S. KILOR, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 19/01/2024 18:09:10