Ashok Baburao Gaikwad v. District Collector Satara And ORS

35 WP-4382-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by HUSENBASHA RAHAMAN NADAF Date:

2025.04.16 15:06:18 +0530 HUSENBASHA RAHAMAN NADAF WRIT PETITION NO.4382 OF 2025 Ashok Baburao Gaikwad .. Petitioner Vs.

District Collector, Satara and Ors.

.. Respondents *** Mr. Vaibhav R. Gaikwad a/w. Yash Naik, Advocates for the Petitioner. Smt. G.R. Raghuwanshi, Assistant Government Pleader for Respondent Nos.1 to 6.

*** CORAM: A.S. CHANDURKAR & M.M. SATHAYE, JJ.

DATE : 15th APRIL 2025 P.C. :

1.

The only prayer made in the present writ petition is for the consideration of the prayer for interim relief that has been made by the Petitioner in the appeal preferred under Section 247 of the Maharashtra Land Revenue Code, 1966 (for short, "the Code"). On 04.04.2025, the learned Assistant Government Pleader was granted time to obtain instructions in the light of the prayer clauses (a) & (b) of the writ petition.

2.

Today on instructions, it is submitted that the appeal preferred by the Petitioner before the Collector as well as the application seeking regularization of the repairs/construction undertaken at the structure standing on Survey No.6/3 would be considered and decided within a period of three months from today.

3.

It is noted that the Petitioner has also made a prayer for grant of Husen 1/2

35 WP-4382-2025.doc interim relief in the appeal that is pending before the Collector. 4.

In the light of the aforesaid, the following directions would serve the ends of justice:- (a) The Petitioner's prayer for interim relief in the appeal filed under Section 247 of the Code shall be decided within a period of three weeks of receiving copy of this order. (b) The substantive appeal as well as the application for regularization shall be considered and decided within a period of three months from the receipt of this order. (c) Till the prayer for interim relief is decided, no coercive steps be taken pursuant to the order dated 03.01.2025 passed by the Sub-Divisional Officer, Wai.

(d) By clarifying that the contentions of all the parties are kept open, the writ petition is disposed of.

5.

All concerned to act on the authenticated copy of this order. (M.M. SATHAYE, J.) (A.S. CHANDURKAR, J.) Husen 2/2