An order rejecting a stay application is a fresh cause of action and cannot be challenged by way of an Interim Application.

Headnote:
Fact of the Case:

The Petitioners filed a Revision Application before the Additional Divisional Commissioner, challenging an order passed by a lower authority. The Petitioners also filed a stay application before the Revisional Authority, which was rejected on 13.12.2022. The Petitioners then filed an Interim Application before the High Court, seeking to quash the order rejecting the stay application.
Finding of the Court:

The High Court held that the order rejecting the stay application was a fresh cause of action and could not be challenged by way of an Interim Application. However, considering that the Revision Application itself was directed to be heard on 16.01.2023, the High Court directed the Additional Divisional Commissioner to hear the parties and dispose of the Revision Application within 10 weeks from the date of granting personal hearing.
Issues: Whether the order rejecting the stay application could be challenged by way of an Interim Application.
Ratio Decidendi: The High Court held that the order rejecting the stay application was a fresh cause of action and could not be challenged by way of an Interim Application. However, the High Court exercised its discretion to stay the order rejecting the stay application and directed the Additional Divisional Commissioner to dispose of the Revision Application within 10 weeks from the date of granting personal hearing.
Final Decision: The High Court disposed of the Writ Petition and Interim Application in the aforesaid terms, with no order as to costs.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 203 OF 2023 IN WRIT PETITION NO. 14541 OF 2022 Late Dattatray Dhondiba Raut deceased thr. Lrs. Nanda Sanjay Raut and Ors. ..Applicants/ Ori. Petitioners V/s.

SNEHA NITIN Smt. Gangubai Vithal Jadhav CHAVAN decd. Thr. Lrs. Chandrakant Digitally signed by SNEHA NITIN Dinkar Jambhulkar and Ors. ..Respondent CHAVAN Date: 2023.01.10 ----

10:33:32 +0530 Mr. Karl Tamboly a/w Abhishek Deshmukh, Digvijay Palande for the Applicant in IA.

Mr. Atul Damle, Senior Advocate a/w M. Ansari i/b Vikas Shivarkar for the Respondent Nos. 1 to 4. Mr. Sachin Kadam for Respondent No.5.

Mr. Jayendra Khairnar for Respondent No.6.

Mr. A.P. Vanarase, AGP for Respondent Nos. 7 to 12/State.

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CORAM : R.D.DHANUKA, AND M.M.SATHAYE, JJ.

DATE : 9th JANUARY 2023 P.C.

. By this Interim Application, the Applicants (original Petitioners) pray for quashing and setting aside the impugned order passed by the learned Additional Divisional Commissioner on 13.12.2022 rejecting the stay application filed by the Applicants and for other reliefs.

2. It is the common ground that the Revision Application filed by the Petitioners bearing Computer No. 2022/00326 is still pending before the learned Additional Divisional Commissioner. This Court had passed an order on 25.11.2022 directing the Additional Divisional Commissioner, to decide the Revision Application within a period of four weeks from the date of granting personal hearing to the Petitioner as well as Respondent Nos.1 to 4 and 6. The said order was thereafter clarified on 01.12.2022 granting liberty to the Petitioners to press for stay before the Revisional Authority on the date assigned and directing the Revisional Authority to dispose of the said stay application within two weeks from the date of hearing proposed to be held on 28.11.2022.

3. Mr. Tamboly, the learned counsel for the Applicants invited out attention to order dated 13.12.2022 rejecting the stay application. The learned Additional Divisional Commissioner has passed 7 pages order rejecting the said stay application. We are informed that Revision Application is now to be heard on

16.01.2023.

4. Mr. Damle, the learned Senior Counsel for Respondent Nos. 1 to 4 vehemently urged that the order dated 13.12.2022 passed by the Additional Divisional Commissioner is a fresh cause of action and cannot be challenged by way of Interim Application.

5. It is not in dispute that Writ Petition No. 14541 of 2022 is still pending. We could have granted liberty to the Applicant to seek amendment in the Writ Petition and to impugn the said interim order dated 13.12.2022 rejecting the stay application filed by the Petitioners. However, in view of the fact that the Revision Application itself is directed to be heard on 16.01.2023, we direct the Additional Divisional Commissioner to hear the parties and dispose of the said Revision Application within 10 weeks from the date of granting personal hearing in the said Revision Application. The order dated 13.12.2022 passed by the Additional Divisional Commissioner to stand stayed till the Revision Application filed by the Applicants is decided by the Additional Divisional Commissioner. It is made clear that the Additional Divisional Commissioner shall decide the Revision Application on its own merits without being influenced by the observations made in the impugned order dated 13.12.2022. The order that would be passed by the Additional Divisional Commissioner shall be communicated to both the parties within one week from the date of passing of such order.

6. It is made clear that if the order that will be passed by the Additional Divisional Commissioner is adverse to the Petitioners, then it shall not be implemented for a period of two weeks from the date of communication of the order.

7. It is further made clear that during the pendency of the Revision Application, the Authority shall not make any changes in the Revenue record insofar as the entry in t

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