Rukaya Liyaqat Sange v. The State Of Maharashtra Thru. Minister And ORS

Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9686 OF 2025 Rukaya Liyaqat Sange ] Petitioner Vs.

The State of Maharashtra and others ] Respondents .....

Mr. Drupad Patil i/b Mr. Balasaheb G. Ligade, for Petitioner. Mr. Y.D. Patil, A.G.P, for Respondent - State. Mr. Suraj Ghogare, for Respondents No.3 and 4. Snehal Patil, Desk Officer, Rural Development present. .....

CORAM : G.S. KULKARNI & ARIF S. DOCTOR, J.J.

DATE : 16th JULY, 2025.

P.C:

1.

This petition under Article 226 of the Constitution of India is a second petition filed by the petitioner. Earlier Writ Petition being Writ Petition No.8366 of 2025 came to be disposed of by an order dated 25th June, 2025 which reads thus;

"1. We are not inclined to entertain this petition at this stage as we leave it open for the petitioner to make an application for early hearing of the Stay Application before the Appellate Authority.

2. If such an application is made, let the same be considered within a period of one week from the date of the filing and an appropriate order be passed. SHAILAJA SHRIKANT HALKUDE SHRIKANT HALKUDE Date: 2025.07.19 13:51:16 +0530

3. All contentions of the parties are expressly kept open.

4. The petitioner shall initially appear before the Appellate Authority on 3 July 2025 at 3 pm.

5. The petition is accordingly disposed of. No costs. 2.

In accordance with the said order, the appeal and stay application of the petitioner was required to be decided. However, we are informed that no action whatsoever has been taken by the Appellate Authority. It is on such premise, the present petition has been filed praying for following substantive reliefs; "a) That this Hon'ble Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, Order and/or Direction in the nature of Mandamus, thereby directing the Respondent No. 1 to take initiative steps for deciding the Appeal filed on 18.06.2025 by the Petitioner herein, being Exhibit "T" to this Writ Petition within time bound period;

b) That this Hon'ble Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, Order and/or Direction in the nature of Mandamus, thereby directing the Respondent No. 1 to take initiative steps for deciding the Stay Application filed on 18.06.2025 by the Petitioner herein, being Exhibit "J" to this Writ Petition within time bound period;

3.

We are informed by the learned A.G.P, on instructions, that due to Monsoon Session at the Legislative Assembly, the proceedings could not be taken up by the Appellate Authority/Honble Minister, and the same are proposed to be taken in the next week.

4.

In this view of the matter, petition needs to be disposed of with a direction that the petitioner be heard on the appeal as informed to us by the learned A.G.P and accordingly appropriate orders be passed on the appeal within a period of 15 days from the date of hearing. All contentions of the parties are expressly kept open. 48 hours advance notice be issued to the petitioner informing the date of hearing.

5.

The petition is disposed of. No costs.

[ARIF S. DOCTOR, J.] [G.S. KULKARNI, J.]