Bombay High Court

VANDANA CHANDRAKANT PALVEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The High Court directed the District and Sessions Court, Ahmednagar, to decide the pending application within two months, as the matter was already before the competent court.

Summary

The petitioner, Vandana Chandrakant Palve, filed a writ petition challenging the order that recorded a 7/12 extract in the name of the Government of Maharashtra and sought a direction to quash that entry and to restrain respondents from selling or auctioning the listed properties. The petitioner had earlier approached the Special Court under the Maharashtra Protection of Interest of Depositors (In Financial Establishment) Act, 1999, contesting an order dated 08.04.2024 of the Sub‑Divisional Magistrate, and a related application (Exhibit‑135) has been pending since 05.07.2024. The petitioner’s counsel requested that the High Court direct the competent court to decide the pending application. Justice Manjusha Deshpande observed that the matter is already before the competent court and therefore directed the District and Sessions Court, Ahmednagar, to decide the pending application within two months. Accordingly, the writ petition was disposed of following the issuance of those directions.

Issues considered

The appropriateness of the High Court directing a lower court to decide a pending application in a special case under the Maharashtra Protection of Interest of Depositors Act

Subjects

writ petition
7/12 extract
property dispute
direction to lower court
Maharashtra Protection of Interest of Depositors Act
special court

Judgment

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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

                942 WRIT PETITION NO. 13384 OF 2026

                  VANDANA CHANDRAKANT PALVE
                            VERSUS
             THE STATE OF MAHARASHTRA AND OTHERS

                                    ...
          Advocate for the Petitioner : Mr. Narwade Narayan B.
           AGP for Respondents/State : Ms Deepali S. Jape.
                                    …


                         CORAM : MANJUSHA DESHPANDE, J.
                         DATE   : 30.09.2026


PER COURT :

1.           The petitioner has filed this Writ Petition challenging the

order taking entries of 7/12 extract in the name of Government of

Maharashtra and seeking direction to quash and set aside the same and

also seeking direction to respondent Nos. 2 and 3, not to take further

action or to sale the property or auction the properties mentioned in the

scheduled.   The petitioner has already approached the Special Court

constituted under the Maharashtra Protection of Interest of Depositors

(In Financial Establishment) Act, 1999 (Maharashtra Act XVI of 2000) ,

in Special Case No. 75 of 2022, wherein he has raised the challenge to

the order dated 08.04.2024 passed by the Sub Divisional Magistrate.

While making is oral submission he submitted that he would be satisfied

even if the directions are issued to a Competent Court to decide the

pending application at Exhibit – 135, which is pending since 05.07.2024.

In view of the request made by the learned Advocate for the petitioner, I

am of the view, since the Competent Court is seized of the matter, the
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application filed by the petitioner is pending since 05.07.2024, therefore,

it would be appropriate to issue directions to the District and Sessions

Court, Ahmednagar, the Special Case No. 75 of 2022 to decide the

pending application of the petitioner at Exhibit – 135, within a period of

two months from the date of this order.



2.           The aforementioned directions the Writ Petition is disposed

of.


                                   ( MANJUSHA DESHPANDE, J. )




Mahajansb/

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