1 904WP5253.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

904 WRIT PETITION NO.5253 OF 2022

PUSHPABAI KISAN DALE AND ANOTHER

VERSUS

THE DISTRICT COLLECTOR AND OTHERS

.....

Mr. Ravindra V. Gore, Advocate for the petitioners

Mr. S. G. Karlekar, AGP for respondent nos. 1 to 5

Mr. S. S. Bora, Advocate for respondent nos. 6 to 10

.....

CORAM : RAVINDRA V. GHUGE

AND

ANIL L. PANSARE, JJ.

DATE : JUNE 21^ST, 2022

PER COURT : -

1.

We have considered the submissions of the learned

advocates for the respective sides. We have perused the order passed

by the learned Vacation Court dated 10.05.2022.

2.

The petitioner has put forth prayer clauses B, C, D and E as

under : -

B] By issuing writ of certiorari or any other appropriate writ or

order in the like nature, impugned Notice dated 02/05/2022

issued by respondent no. 5/Circle Officer, Kannad, Tq. Kannad,

Dist. Aurangabad, may kindly be quash and set aside.

C] By issuing writ of mandamus or any other appropriate writ or

order in the like nature, Respondent no.3/The Sub-Divisional

SG Punde

2 904WP5253.2022

Officer, Kannad, Dist. Aurangabad may kindly be directed to

decide stay petition in Revision Application no. 04/2022 filed

against Judgment and Order dated 09/03/2022 passed by the

Ld. Tahsildar, Kannad, Dist. Aurangabad in Case

Ja.Kra.2020/Jama-2/Rasta Fer Choukashi/CR No.04/2020.

C] Pending hearing and final disposal of the stay petition in

Revision Application No. 04/2022 pending before Learned

Respondent no.3/The Sub-Divisional Office, Kannad, Dist.

Aurangabad, the execution, implementation and operation of

the Judgment and Order dated 09/03/2022 passed by the Ld.

Tahsildar, Kannad, Dist. Aurangabad in Case Ja.Kra.2020/Jama-

2/Rasta Fer Choukashi/CR No.04/2020 and impugned notice

dated 02/05/2022 issued by Respondent no.5/Circle Officer,

may kindly be stayed.

E] Pending hearing and final disposal of this writ petition, the

execution, implementation and operation of the Judgment and

Order dated 09/03/2022 passed by the Ld. Tahsildar, Kannad,

Dist. Aurangabad in Case Ja.Kra.2020/Jama-2/ Rasta Fer

Choukashi/CR No. 04/2020 and impugned notice dated

02/05/2022 issued by Respondent no.5/Circle Officer, may

kindly be stayed.

3.

Now that this Court has granted interim protection to the

petitioner, which he was praying for by virtue of his Stay Petition in

Revision Application No. 04/2022, we deem it appropriate to dispose

off this petition and direct the Sub-Divisional Officer, Kannad to

decide the pending revision application expeditiously. The learned

advocate appearing on behalf of respondent nos. 6 to 13 pray that a

time frame may be granted as the petitioners are likely to take undue

advantage of the interim protection granted by this Court and delay

the matter.

SG Punde

3 904WP5253.2022

4.

In view of the above, this petition is disposed off with the

following directions: -

(a) The Sub-Divisional Officer shall dispense with notice

since petitioner nos. 1 and 2 and respondent nos. 6 to

13, who are before us, are put to notice that they will

appear before the Sub-Divisional Officer, Kannad, on

the scheduled date 11.07.2022 at 11:00 a.m.

(b) All the parties are at liberty to file their written notes

of submissions.

(c) The Sub-Divisional Officer, Kannad, would conclude

the hearing in the matter, latest by 12.07.2022.

(d) Thereafter, he would deliver an order on 29.07.2022

at 03:00 p.m.

(e) The litigating parties would remain present at the time

of the pronouncement of the order.

(f) Copies of the order shall be kept ready to be delivered

to the parties forthwith, on depositing the requisite

fees, if any.

5.

The ad interim protecti