Sampatrao Marutirao Patil Decd Thru Lhrs And ANR v. The State Of Maharashtra And ORS

907-WP-3246-2025 Pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3246 OF 2025 Sampatrao Marutirao Patil & Ors.

.. Petitioners

Versus

The State of Maharashtra & Ors.

.. Respondents Mr. Atul Damle, Senior Advocate i/by Mr. Sarang S. Aradhye, Gauri Velankar & Shantanu Gurav for petitioners. Mr. S. P. Kamble, AGP for respondent nos.1 and 2 -State. Mr. Bhushan Walimbe a/w Mr. Mayank Tripathi for respondent no.4.

CORAM:

ALOK ARADHE, CJ. & BHARATI DANGRE, J.

DATE:

6th MARCH, 2025 ORDER [Per Chief Justice]:

by PRAVIN DASHARATH PANDIT Date:

2025.03.07 19:35:21 +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 petitioners, inter alia, seek a direction to the statutory authority to decide the appeal preferred by the petitioners under Section 152 of the Maharashtra Cooperative Societies Act, 1960 (Act of 1960) in a time bound manner.

3.

Facts giving rise to filing of this writ petition, briefly stated, are that petitioners are agriculturists. Against an order passed under Section 88 of the Act of 1960, the petitioners have filed an appeal under Section 152 along with an application for stay on 3rd January 2025.

907-WP-3246-2025 4.

The grievance of the petitioners is that neither any order on the application for stay nor on the appeal preferred by the petitioners have been passed and the attachment notices have been issued to the petitioners. In the aforesaid factual background, petitioners have approached this Court. 5.

Learned senior counsel for the petitioners submits that the writ petition be disposed of with the direction to the Appellate Authority to decide the application for stay as well as appeal preferred by the petitioners in a time bound manner. The aforesaid submission has not been opposed on behalf of the respondents.

6.

The learned AGP, on instructions, submits that the appeal preferred by the petitioners shall be decided within an outer limit of two months from today.

7.

In view of the aforesaid submission and in the facts and circumstances of the case, the writ petition is disposed of with a direction to the Appellate Authority to decide either the appeal or application for stay preferred by the petitioners expeditiously, preferably within a period of two months from today.

8.

Till the application for stay/appeal is adjudicated by the Appellate Authority, no coercive action shall be taken in pursuance of the order dated 8th October, 2024. 9.

It is clarified that this Court has not expressed any opinion on merits of the matter.

(BHARATI DANGRE, J.) (CHIEF JUSTICE)