Allowed

Shankar Dashrath Chavan and Anr. v. Rahul Shashikant Vanarase and Ors.

Bombay HC20 Mar 2024WP/3650/2024

Case brief

AI extract

What is this about?

This writ petition sought a stay on the implementation of an order by the Additional District Collector regarding motion entries. The High Court directed the Divisional Commissioner to decide the pending stay application by mid-June and stayed the impugned order in the interim, clarifying this was without prejudice to merits.

What did the court decide?

Stay directed the Divisional Commissioner to decide the stay application by 11th June, 2024, and stayed the implementation of the Additional District Collector's order until then.

Shankar Dashrath Chavan and Anr. Vs Rahul Shashikant… — Landlord and Tenant | Bombay HC (2024)

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2-ASWP-3650-2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 3650 OF 2024

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Shankar Dashrath Chavan & Anr …Petitioners

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Versus

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Rahul Shashikant Vanarase & Ors …Respondents

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Mr. Chaitanya Nikte, a/w Esha Malik, i/b Prajit Sahane, Advocates for the Petitioners.

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Mr. Anshul Anjarlekar, i/b Raval Shah & Co., Advocate for Respondent No.1.

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Mr. A.I. Patel, Addl.GP., a/w Tanaya Goswami, AGP, for StateRespondent Nos.23 to 26.

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CORAM : B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ. DATE : MARCH 20, 2024

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PC :

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Digitally signed byASHWINI ASHWINIJANARDANVALLAKATI JANARDANVALLAKATIDate: 2024.03.21 12:11:32 +0530

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By the present Writ Petition, the Petitioners challenge the purported order passed by the learned Divisional Commissioner, Pune dated 4^th March, 2024 (wrongly mentioned in the prayer clause as 4^th March, 2023) in RTS Revision Application No.105 of 2024. Pending the hearing and final disposal of the above Petition, what is sought is a stay to the effect and implementation of the order dated 15^th December, 2023 (wrongly mentioned as 15^th January, 2023) passed by the Additional

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Page 1 of 4 MARCH 20, 2024

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Ashwini Vallakati

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2-ASWP-3650-2024.doc

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District Collector, Pune in RTS Appeal No.2/A/1159/2022.

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The learned Counsel appearing on behalf of the Petitioner fairly stated that despite these reliefs, what he only seeks is that the Divisional Commissioner decides RTS Revision Application No.105 of 2024 or the Stay Application preferred therein, as expeditiously as possible, and in the meanwhile, the effect and implementation of the order of the Additional District Collector dated 15^th December, 2023 be stayed. He submitted that these reliefs are sought in the peculiar facts and circumstances of the present case because when the hearing was fixed on 4^th March, 2024, the same was cancelled by the Divisional Commissioner because of election commitments / duties. He submitted that the next date now given is 3^rd June, 2024.

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The learned Counsel appearing on behalf of Respondent No.1 fairly submitted that since the Divisional Commissioner is not in a position to hear the RTS Revision Application filed by the Petitioner, or even the Stay Application, without prejudice to the rights and contentions of the 1^st Respondent, a stay can be granted. He, however, submitted that this stay should be only in relation to the mutation entries and should not be construed to mean that the Petitioners are in a

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Page 2 of 4 MARCH 20, 2024

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Ashwini Vallakati

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2-ASWP-3650-2024.doc

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possession of Gat No.522, and which is disputed by the 1^st Respondent.

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Considering the stand taken by the parties, we dispose of the above Writ Petition by directing the Divisional Commissioner, Pune Division, Pune, to decide the Stay Application filed by the Petitioner in RTS Revision Application No.105 of 2024 on or before 11^th June, 2024. In the meanwhile and until the said date, the order passed by the Additional District Collector dated 15^th December, 2023 in RTS Appeal No.2/A/1159/2022 shall not be given effect to.

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We make it clear that this order is passed without prejudice to the rights and contentions of the parties, and is not an expression on merits either in relation to the mutation entries or in relation to possession.

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It is needless to clarify that if either party is aggrieved by any action taken by the opposite party regarding possession, they are free to adopt appropriate proceedings in that regard.

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The Writ Petition is accordingly disposed of. However, there shall be no order as to costs.

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Ashwini Vallakati

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2-ASWP-3650-2024.doc

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This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

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[ SOMASEKHAR SUNDARESAN, J.]

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[ B. P. COLABAWALLA, J.]

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Page 4 of 4 MARCH 20, 2024

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Ashwini Vallakati

Shankar Dashrath Chavan and Anr. v. Rahul Shashikant Vanarase and Ors.

Case brief

What is this about?

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Shankar Dashrath Chavan and Anr. v. Rahul Shashikant Vanarase and Ors.

Case brief

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What did the court decide?

What the court decided

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