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Bombay High CourtWP/2446/2025disposed off

Yashomandir Sahakarikpatpedhi Maryadit Mumbai v. State Of Maharashtra Through G.P. And ORS

2025-03-07Hon'Ble The Chief Justice , Hon'Ble Smt. Justice Bharati Dangre2 pages

6-WP-2446-2025 Pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2446 OF 2025 Yashomandir Sahakari Patpedhi Maryadit, Mumbai .. Petitioner

Versus

State of Maharashtra & Ors.

.. Respondents Mr. Sanjay Anbhawane i/by Medna Rane for petitioner.

Mrs. Neha S. Bhide, Govt. Pleader with Mr. K. B. Dighe, Addl. Govt. Pleader and Mrs. Tanu N. Bhatia, AGP for respondent nos.1 to 6.

CORAM:

ALOK ARADHE, CJ. & BHARATI DANGRE, J.

DATE:

7th MARCH, 2025 ORDER [Per Chief Justice]:

Digitally signed by PRAVIN DASHARATH PANDIT Date:

2025.03.07 20:01:05 +0530 PRAVIN DASHARATH PANDIT 1.

Rule. Rule is made returnable forthwith. With the consent of the learned counsel for the parties, heard finally. 2.

In this writ petition, the petitioner, inter alia, seeks expeditious execution of the order dated 6th April, 2018 passed by the Collector and District Magistrate, Thane, whereby the application filed by the petitioner under Rule 107 of the Maharashtra Cooperatives Societies Rules, 1961 and respondent no.3 - Tahsildar, Kalyan was directed to take possession of the attached property.

6-WP-2446-2025 3.

The grievance of the petitioner is that despite the direction issued by the Collector to the Tahsildar on 6th April, 2018, till today the Tahsildar has not taken any action for possession of the property in question. Learned Counsel for the petitioner submits that the writ petition be disposed of with a direction to the Tahsildar to executed the order dated 6th April 2018 within a reasonable time.

4.

On the other hand, learned Government Pleader, on instructions, submits that suitable action to execute the order dated 6th April, 2018 shall be taken within such time as may be fixed by this Court.

5.

In view of aforesaid submission and in the facts and circumstances of the case, the writ petition is disposed of with a direction to the Tahsildar, Kalyan to take action for execution of the order dated 6th April, 2018 within an outer limit of two months from today.

(BHARATI DANGRE, J.) (CHIEF JUSTICE)