Bombay High Court
CHARUSHILA RAJASIHA KANAMBELLEversusTHE STATE OF MAHARASHTRA THROU. PRINCIPAL SEC. REVENUE AND FOREST DEPT AND ORS
- Decided
- Disposal
- Allowed
Holding
The petition shall remain in operation until the stay application is decided by the concerned authority.
Summary
The petitioner, Charushila Rajasiha Kanambelle, filed a writ petition against the State of Maharashtra and others. The petitioner sought a stay of the proceedings, and an application for stay was filed on 29 May 2026 before the Revenue Minister. The learned Additional Government Pleader, on telephonic instructions from the Revenue Department's Section Officer, informed the Court that the stay application would be decided within three weeks. The Court, relying on this assurance, held that the petition would remain operative until the stay application is finally decided. Accordingly, the petition was allowed in the terms that it stay in operation pending the decision on the stay application.
Issues considered
- Whether the writ petition should remain operative pending the decision on the petitioner's application for stay?
Subjects
- writ petition
- stay of proceedings
- Revenue Department
- procedural order
- High Court of Bombay
Judgment
KSG 40-WP-8442-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.8442 OF 2026
Charushila Rajasiha Kanambelle … Petitioner
V/s.
State of Maharashtra & Ors … Respondents
_______________________________________
Mr. Balasaheb Deshmukh for the Petitioner.
Ms. N.M. Mehra, A.G.P. for Respondent No.1-State.
Mr. Mohsin Shaikh, Section Officer, Revenue Department.
_______________________________________
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 27th JULY, 2026
P.C. :
1) Learned A.G.P. on telephonic instructions from Mr. Mohsin
Shaikh, Section Officer, Revenue Department submitted that, the Application
for stay dated 29th May, 2026, preferred by the Petitioner and pending on the
file of Hon’ble Revenue Minister, State of Maharashtra, will be decided
within a period of three weeks from today. The said statement is accepted.
2) In view of the statement made by the learned A.G.P., till the stay
Digitally
signed by
KIRAN
KIRAN SANJAY
SANJAY GHUGE
Application is decided by the concerned Authority, the prayer clause (b) of
GHUGE Date:
2026.07.29
17:26:49
+0530
the Petition shall remain in operation.
3) Petition is allowed in the aforesaid terms.
( KAMAL KHATA, J. ) ( A.S. GADKARI, J. )
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