Jamnaprasad Bhagwati Prasad ... vs Registrar General Of Money ...
2022 Latest Caselaw 11620 Bom

                                    1              wp4902.2022

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               NAGPUR BENCH : NAGPUR

               WRIT PETITION NO.4902/2022



Smt. Jamnaprasad Bhagwati Prasad Tiwari,
through his Power of Attorney Ganesh
Jamnaprasad Tiwari, aged 35 Yrs.,
Occ. Agriculturist, R/o Sakharkherda,
Sindhkhedraja, Dist. Buldhana.              ...   Petitioner
      - Versus -
1.   Registrar General of Money Lending
     and Registrar, Co-op. Societies,
     Dist. Pune, Pune.

2.   Divisional Joint Registrar,
     Co-operative Societies, Amravati,
     Dist. Amravati.

3.   District Deputy Registrar,
     Co-operative Societies, Buldhana,
     Dist. Buldhana.

4.   Baban Narayan Londhe,
     age Major, Occ. Agriculturist
     (Money Lender), R/o Sakharkherda,
     Sindhkhedraja, Dist. Buldhana.         ...   Respondents

            -----------------
Mr. Vipul B. Bhise, Advocate for the Petitioner.
Mrs. K.S. Joshi, Additional Government Pleader for Respondent
Nos.1 to 3.
            ----------------
                                    2                   wp4902.2022




           CORAM : SUNIL B. SHUKRE
                   AND ANIL L. PANSARE, JJ.

DATE : 15.11.2022

ORAL JUDGMENT (Per Sunil B. Shukre, J.)

Heard.

2. Learned counsel for the petitioner states that direction

issued by this Court on 18.8.2022 that the Registrar General of

Money Lending and Co-operative Societies, Pune i.e. respondent

No.1 shall consider and decide the stay application filed by the

petitioner in the revision pending before him on its own merits,

after giving an opportunity of hearing to all the parties has not

been complied with by respondent No.1.

3. Learned Additional Government Pleader submits that she

has received no instructions from respondent No.1 on this aspect.

3 wp4902.2022

4. Learned counsel for the petitioner submits that the next

date of hearing is 14.12.2022 before respondent No.1 and if a

further direction is issued by this Court, it would go a long way in

serving cause of justice.

5. Considering the fact that no instructions have been given to

learned Additional Government Pleader, we have to accept the

statement made by learned counsel for the petitioner regarding

pendency of the stay application with respondent No.1 and

respondent No.1 not complying with the direction of this Court

issued on 18.8.2022 as correct. Accordingly, the rule is issued.

Heard finally by consent.

6. We direct respondent No.1 to decide the application filed

by the petitioner, in accordance with law, as expeditiously as

possible and within two weeks from the date of appearance of the

petitioner before him. The petitioner shall appear before

respondent No.1 on 14.12.2022 at 11 a.m. 4 wp4902.2022

7. Till the stay application is decided by respondent No.1, the

parties are directed to maintain status quo in respect of sale deed

in question. Rule is made absolute in the above terms. No costs.

8. Steno copy of the judgment be furnished to both sides.

(ANIL L. PANSARE, J.) (SUNIL B. SHUKRE, J.)

Tambaskar.

Signed By:NILESH VILASRAO TAMBASKAR Private Secretary Date:16.11.2022 10:09