Bombay High Court
Shivshankar Co-Op. Hsg. Soc. Ltd. Thru ... vs The State Of Maharashtra Thru Gp High ... on 14 February, 2019
Author: Sarang V. Kotwal
Bench: Indrajit Mahanty, Sarang V. Kotwal
1 902-WP 2071-19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.2071 OF 2019
Shivshankar Co-Op. Housing Society Ltd. ] ... Petitioner
Versus
The State of Maharashtra & Ors. ] ... Respondents
Mr. Sachin S. Tigde for Petitioner.
Ms. S. S. Bhende, AGP for State.
CORAM :- INDRAJIT MAHANTY &
SARANG V. KOTWAL, JJ.
DATE :- 14 FEBRUARY, 2019 P. C. :-
1. Heard the learned Counsel for respective parties.
2. In the Writ Petition, the Petitioner has stated that an order was passed under Section 22 (2) of the MCS Act on 06/07/2018 by the Respondent No.2. Challenging the said order, a Revision Application No.68 of 2019 has been preferred by the Petitioner and hearing of that Revision Application took place on 12/02/2019. No final orders are stated to have been passed therein. Learned Counsel URS 1 of 2 ::: Uploaded on - 15/02/2019 ::: Downloaded on - 16/02/2019 00:33:42 :::
2 902-WP 2071-19.odt for the Petitioner asserts that the Revision Petition will be rendered infructuous, if an authorized officer is appointed, without the Revision Application being disposed of.
3. Without expressing any opinion on the merits of the Petitioner's claim, we direct the Revisional Authority to dispose of the Revision Application No.68 of 2019 at an early date and till disposal of the Revision Application, the impugned action under Section 22 (2) of the MCS Act, may not be enforced. Further, we direct that if any adverse order is passed in the Revision Application affecting the Petitioner, the said order shall not be given effect to for a period two weeks in order to enable the Petitioner, if so required, to seek appropriate legal remedy.
4. With the said directions, Writ Petition is disposed of.
(SARANG V. KOTWAL, J.) (INDRAJIT MAHANTY, J.)
URS 2 of 2
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