Maheshwari Traders Thr Sole Proprietor v. The Collector And ORS

915-WP-1622-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1622 OF 2026 Maheshwari Traders Thr

...Petitioner

Sole Proprietor

Versus

The Collector And Ors

...Respondents

------ Mr. Kunal R. Maskar (Through VC), Advocate for petitioner. Ms. Tejas J. Kapre, AGP for respondents-State. ------ Coram : Madhav J. Jamdar & Pravin S. Patil, JJ.

Date : April 22, 2026.

P. C. :

1.

Heard Mr. Maskar, learned counsel for the petitioner, and Ms. Kapre, learned AGP for the respondents-State.

2.

This writ petition is filed under Article 226 of the Constitution of India. The petitioner seeks the following relief in terms of prayer clause (b): That this Hon'ble Court be pleased to issue a Writ of Mandamus or a Writ in the nature of Mandamus to Respondent No.1 directing the Respondent No.1 to expeditiously dispose and execute the RRC recovery warrant dated 04.07.2023 as per the order of the MSME Council, Madhya Pradesh dated 27.01.2023, in a time bound manner; 3.

It is the submission of the petitioner that on 11th November 2020, the petitioner submitted a reference before respondent no.2 for recovery of the outstanding principal amount along with interest, in accordance adn

915-WP-1622-2026 with the provisions of the Micro, Small and Medium Enterprises Development Act, 2006. Pursuant thereto, an award came to be passed on 27th January 2023.

4.

It is further submitted that due to non-compliance of the said award, respondent no.2 - Madhya Pradesh Micro and Small Enterprises Facilitation Council issued a recovery warrant dated 4th July 2023 to the Collector, Bhopal and respondent no.1 - Collector, Kolhapur. The said recovery warrant records that the amount is recoverable as arrears of land revenue under the applicable statutory provisions. However, despite the lapse of considerable time, no effective steps have been taken by respondent no.1 to execute the said recovery warrant. 5.

The learned AGP, on instructions, submits that appropriate steps shall be taken by respondent no.1 within a reasonable time to comply with the recovery warrant.

6.

In the facts and circumstances of the case, respondent no.1 - Collector, Kolhapur is directed to execute the RRC/recovery warrant dated 4th July 2023 in accordance with law as expeditiously as possible and, in any case, on or before 31st August 2026.

7.

The writ petition is disposed of in the above terms. There shall be no order as to costs.

[Pravin S. Patil, J.] [Madhav J. Jamdar, J.] adn