Kashinath Vithoba Nale v. State Of Maharashtra Through Collector Satara And ORS

9.WP.3049.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3049 OF 2025 Kashinath Vitoba Nale Petitioner versus The State of Maharashtra and others Respondents Mr.G.S.Jadhav i/by Mr.Dipak Shinde for Petitioner. Mr.J.P.Patil, AGP, for Respondents-State.

CORAM :

AMIT BORKAR, J.

DATE :

5th March 2025 PC :

1.

The challenge in this petition is to an order passed by the Sub Divisional Officer in exercise of power u/s.107(11)(D-1) (VI) of Maharashtra Co-operative Societies Rules, which empowers the District Magistrate on an application filed by Special Recovery Officer to deliver possession. 2.

This Court in case of Amit Jori vs. State of Maharashtra & others in (Writ Petition No.1331 of 2025), dated 5th February 2025 has held that the nature of power exercised by the District Magistrate is executory in nature and he has no discretion to exercise on an application filed by the Special Recovery Officer to deliver possession. Therefore, in absence of any adjudicatory power vested in the District Magistrate, he cannot exercise his discretion. Accordingly petition is dismissed. MANISH SURESHRAO THATTE Date: 2025.03.07 09:36:39 +0530 MANISH SURESHRAO THATTE (AMIT BORKAR, J.) MST