Bombay High Court
D.P. Jain And Company ... vs State Of Maharashtra, Through ... on 18 June, 2021
Bench: Manish Pitale
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (CAW) NO.810 OF 2021
IN
WRIT PETITION NO. 1842 OF 2020
WITH
CIVIL APPLICATION (CAW) NO.812 OF 2021
IN
WRIT PETITION NO. 1844 OF 2020
WITH
CIVIL APPLICATION (CAW) NO.816 OF 2021
IN
WRIT PETITION NO. 1848 OF 2020
WITH
CIVIL APPLICATION (CAW) NO.811 OF 2021
IN
WRIT PETITION NO. 1843 OF 2020
WITH
CIVIL APPLICATION (CAW) NO.815 OF 2021
IN
WRIT PETITION NO. 1847 OF 2020
WITH
CIVIL APPLICATION (CAW) NO.814 OF 2021
IN
WRIT PETITION NO. 1846 OF 2020
WITH
CIVIL APPLICATION (CAW) NO.813 OF 2021
IN
WRIT PETITION NO. 1845 OF 2020
D.P.Jain and Company Infrastructure Pvt.Ltd.
-Vs.-
State of Maharashtra and ors.
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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In all civil applications and petitions.
Mr.C.S.Dharmadhikari, counsel for the petitioner.
Mr.K.L.Dharmadhikari, AGP for respondent Nos.1 to 4.
KHUNTE
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CORAM : MANISH PITALE, J.
DATE : 18.06.2021
Hearing was conducted through video
conferencing and the learned counsel agreed that the
audio and visual quality was proper.
2. In these petitions, this Court had granted
interim orders in favour of the petitioner-Company on
different dates. Applications for extension of interim
orders are filed in all these petitions in view of
directions given by the Hon'ble Supreme Court in the
case of Asian Resurfacing of Road Agencies Pvt. Ltd.
and another v. CBI. Attention of this Court is invited to
observation of the Hon'ble Supreme Court in order
dated 15/10/2020 passed in the aforesaid case, which
reads as follows:-
".... Whatever stay has been granted by any court
including the High Court automatically expires within
a period of six months, and unless extension is
granted for good reason, as per our judgment, within
the next six months, the trial court is, on the expiry
of the first period of six months, to set a date for the
trial and go ahead with the same."
3. It is in the context of the aforesaid direction that
the petitioner has approached this Court in these writ
petitions with the aforesaid applications for grant of
extension of interim order.
4. Heard the learned counsel for the rival parties.
KHUNTE
36-caw-810-21+6.odt
5. In these petitions, interim orders were passed
on the basis that a prima facie case was made out on
behalf of the petitioners with regard to the very
jurisdiction of the respondent-Tahsildar to undertake
the impugned action against the petitioner and in
passing the impugned orders. Directions were also
given for release of the trucks belonging to the
petitioner-Company by imposing certain conditions.
This Court is of the opinion that since the very power
and jurisdiction of the respondent-Tahsildar is being
questioned on the basis of interpretation of the
provisions of the Maharashtra Land Revenue Code,
1966, the contentious issue goes to the very root of the
matter. Therefore, it is necessary that the writ petitions
are decided finally at the earliest and the orders of
interim relief granted in these petitions are continued
for further period of time.
6. In view of the above, the applications are partly
allowed.
7. The writ petitions are directed to be listed on
15/07/2021. It is directed that the interim orders
passed in these writ petitions in favour of the petitioner
are continued till the next date of listing.
8. All the applications stand disposed of
accordingly.
JUDGE
KHUNTE
