- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.3087 OF 2008 ----------------------------------------------------- Office Notes, Office Memoranda of Coram, Court’s or Judge’s appearances, Court’s orders order or directions ----------------------------------------------------- ¦ Mr.C.M.Korade i/b DSK Legal for ¦ the Petitioner. ¦ Mr.V.P.Malvankar, AGP for State. ¦ ¦ ¦ CORAM: D.K.DESHMUKH & ¦ N.D.DESHPANDE, JJ. ¦ DATED: 30TH APRIL, 2008 P.C.: Heard the learned Counsel for the Petitioner and the learned Counsel appearing for the Respondent. The Petitioner has filed an appeal against the order passed by the Tahsildar. The appeal is presently pending before the Sub-Divisional Officer. The Petitioner has also applied for stay of the recovery proceedings in that appeal before the Sub-Divisional Officer. The - 2 - grievance of the Petitioner is, that the Sub-Divisional Officer is not deciding that application. In this view of the matter, therefore, considering the controversy involved, in our opinion, following order would meet the ends of justice. O R D E R (i) The Sub-Divisional Officer shall decide by a speaking order, after granting an opportunity of being heard to the Petitioner, either appeal itself or the application filed by the Petitioner for stay of the operation of the order which is impugned in the appeal, as expeditiously as possible, in any case within a period of four weeks from the date on which the Sub-Divisional Officer receives the writ of this order. (ii) Till the Sub-Divisional Officer decides either the appeal or the application for stay, as directed above within the aforesaid period of - 3 - four weeks, the coercive recovery proceedings against the Petitioner shall remain stayed, however the property of the Petitioner which is already attached shall continue to be attached. While deciding the application or the appeal, the Sub-Divisional Officer shall make an order about the attachment also. Petition disposed of. (D.K.DESHMUKH, J.) (N.D.DESHPANDE,J.)