Disposed

Bhagwandas Gupta v. State of Maharashtra and Ors.

Bombay HC1 Mar 2012WP/451/2012

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What is this about?

A single judge disposed of a writ petition by observing that steps taken by the respondent in respect of disputed property are subject to the pending revision application outcome, directing the authority to decide the revision within six weeks.

What did the court decide?

Observation made that steps taken regarding disputed property are subject to the outcome of pending revision application; revision to be disposed within six weeks; previous order kept in abeyance.

Bhagwandas Gupta Vs State of Maharashtra and Ors. — Writ and Judicial Review | Bombay HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY OOCJ WRIT PETITION NO.451 OF 2012

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Bhagwandas Gupta & anr.

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... Petitioners

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Vs.

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State of Maharashtra & Anr.

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.... Respondents

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Mr.Ajay Panicker I/b Ajay Law Asso. for the Petitioners Mrs.Madhubala Kajale, AGP, for Resp. Nos.1 to 4 Mr.Y.S. Jahagirdar, Sr.Adv. a/w Karan Bhosale and Usha Gadagkar I/b Divya Shah Asso. for the Respondent No.5

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CORAM: A.M. KHANWILKAR & N.M. JAMDAR, JJ.

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DATED: MARCH 1, 2012

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P.C.:

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The Counsel appearing for Respondent No.5, on

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instructions, states that the petition can be disposed off by continuing the interim arrangement in terms of order passed on 21.2.2012 with a rider that the petitioners will not create third party right, title or interest in the disputed property as the issue regarding deregistration of the petitioner society is pending for consideration before the revisional authority.

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We agree with the submission of the petitioners that taking

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advantage of pendency of revision application, respondent No.5

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should not precipitate action in respect of the said property which may eventually prejudice the interest of the petitioners. However, in the present petition, instead of issuing direction to respondent No.5 in this behalf, we may only observe that whatever steps taken by respondent No.5 in respect of the disputed property, will be subject to the outcome of the revision application and in other proceedings to be resorted to by the petitioners in that behalf.

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The revisional authority shall finally dispose off the pending revision application expeditiously and in any case not later than six weeks from today. All questions in the said revision application will have to be decided on its own merits in accordance with law. Till such time, the order passed on 12.12.2011 shall remain in abeyance. If the order to be passed by the revisional authority is adverse to the petitioners the same shall not be given effect to for a period of two weeks from communication thereof to the petitioners.

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4. Writ Petition is disposed off in the above terms.

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(N.M. JAMDAR, J.) (A.M. KHANWILKAR,J.)

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Bhagwandas Gupta v. State of Maharashtra and Ors.

Case brief

What is this about?

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Bhagwandas Gupta v. State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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