(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 11457 OF 2010 M/s. Sushil Construction, A Registered Partnership firm, Through its Partner, Sushil Shivaji Bhalerao, Age : 40 years, Occupation : Business, R/o. Kundewadi, Taluka : Niphad, District : Nasik. .. Petitioner. versus 1. The State of Maharashtra, Through the Secretary, Public Works Department, Mantralaya, Mumbai-32. 2. The Executive Engineer, Public Works Division, Jalgaon, Taluka & District : Jalgaon. 3. The Tahasildar, Bhadgaon Tahasil, Bhadgaon, District : Jalgaon. 4. The Sub-Divisional Officer, Pachora Sub-Division, Pachora, District : Jalgaon. .. Respondents. (2) ....................... Mr. R.R. Mantri, Advocate, holding for Mr. S.G. Karlekar, Advocate, for the petitioner. Mr. K.G. Patil, Assistant Government Pleader, for respondent nos.1 to 4. ........................ CORAM : B.R. GAVAI & R.M. BORDE, JJ. DATE : 22ND DECEMBER 2010 COURT'S ORDER (Per R.M. Borde, J.) : 1. The petitioner is seeking directions for early disposal of the appeal presented to the Sub-Divisional Officer, Pachora, on 23-11-2010. A prayer seeking stay of the impugned order is made by the petitioner in the appeal itself. 2. It is contended that a coercive action is apprehended and, as such, direction be issued to the Sub-Divisional Officer to decide the appeal within a stipulated period. 3. Considering facts and circumstances of the case, the petition can be disposed of, by directing the Sub-Divisional (3) Officer to consider and decide the prayer for interim stay to the impugned order, made in the appeal, within a stipulated period and till then, no coercive action be taken against the petitioner. 4. Hence, we pass the following order : (i) The respondent no.4 / Sub-Divisional Officer, Pachora, is directed to consider and decide the prayer for interim stay to the impugned order, made by the petitioner in the appeal presented on 23-11-2010, on its own merit, within a period of eight days from today. (ii) Till the prayer for interim stay to the impugned order is decided by the Sub-Divisional Officer, no coercive action be taken against the petitioner for effecting recovery of the amount. (iii) The petitioner shall cause his appearance before the Sub- Divisional Officer on Monday, 27th December 2010, so that no separate notice, requiring the petitioner's appearance before the Sub-Divisional Officer would be necessary. 5. With these directions, the petition is disposed of. (4) 6. Authenticated copy of this order be supplied to the learned Counsel for the petitioner, at his request. ( R.M. BORDE ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp11457