Tanaji Shankar Choudhary vs State Of Maharashtra Through ...
2021 Latest Caselaw 3700 Bom

                                                         5 - WP (St.) 4686 - 2021

VPH
             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION


                    WRIT PETITION (St.) No. 4686 OF 2021

      Tanaji Shankar Choudhary                   ...        Petitioner
             Vs.
      State of Maharashtra through SDO & Ors. ...           Respondents
                                        ***
      Mr. Venkatesh Shastry, for the Petitioner.
      Ms. M. P. Thakur, AGP for the Respondent - State.
                                      ***
                                      CORAM : S. J. KATHAWALLA &
                                              VINAY JOSHI, JJ.

                                      DATE      : FEBRUARY 26, 2021

      PC :

1. By the above writ petition, the Petitioner is seeking

following reliefs:

"(a) That this Honourable High Court may be pleased to direct the Respondent No. 4 Collector to pass the judgment and order in Appeal No. 401 of 2020 within such time period as may be deemed ft by this Honourable High Court.

(b) That this Honourable High Court may be pleased to grant stay to the execution of the notice dated 25 th January, 2021 issued by Respondent No. 2 Tahsildar till the fnal judgment and order is passed by the Respondent No. 4 Collector in Appeal No. 401 of 2020.

(c) That, if the Appeal No. 401 of 020 is decided against the Petitioner herein, this Honourable High Court may further

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be pleased to direct that the order of stay granted as per clause (b) shall be extended for the further period of two weeks so as to enable the Petitioner to challenge the said judgment and order before this Honourable High Court."

2. The learned AGP states that though the Collector has

commenced hearing in Appeal No. 401 of 2020, the same is not

concluded till date. It is further submitted that though the Petitioner

has fled a stay application, the same was not pressed, since the

Petitioner was well aware that if the stay application is pressed, he will

have to deposit 25% of the amount, which he is directed to pay by the

impugned order. It is submitted that in view of such conduct of the

Petitioner, no stay be granted by this Court, without him having

deposited any amount in court.

3. The learned Advocate appearing for the Petitioner states

that he has concluded the arguments before the Collector and he is not

desirous of making any further submissions before the Collector. He

admits that the Petitioner has not pressed the application seeking stay

of the impugned order before the Collector, but he is waiting for the

fnal order to be passed by the Collector. He further states that pending

the fnal order, the impugned notice, fxing auction of the subject

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property, is served on the Petitioner.

4. In view of the above, we pass the following order:

(i) The statements made by the Advocate for the Petitioner are

accepted.

(ii) The Respondent No. 4 - Collector, Pune shall pass his/her fnal

order in Appeal No. 401 of 2020 on or before 9th March, 2021.

(iii) The auction shall not be held upto 10 th March, 2021.

                        (iv)    The writ petition is accordingly disposed of in the aforesaid
         Digitally
         signed by              terms.
Vinayak Vinayak
         Halemath
                   P.
P.
Halemath Date:
         2021.03.01          Sd/-                                              Sd/-
         10:29:37
         +0530          [VINAY JOSHI, J.]                            [S. J. KATHAWALLA, J.]




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