FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders WRIT PETITION NO. 8733 OF 2011 WAMAN RAMRAO DOLNAR VERSUS SUBHASH RAMRAO DOLNAR AND ORS ... Advocate for Petitioners: Mr. Patil Hanmant V. AGP for Respondents: Mr. D.R.Kale Adv B N Gadegaonkar For Caveator ... CORAM : S V GANGAPURWALA, J. Dated: November 21, 2011 ... PER COURT :- 1. Heard Mr. Patil learned counsel for the petitioner, Mr. Gadegaonkar learned counsel for respondent No.1 and added respondent No.4 and learned AGP Mr. Kale for respondent nos. 2 and 3. 2. The grievance of the petitioner is that, Honourable Minister for revenue had by exparte order stayed the order passed by the S.L.R. in a Review Petition, which is not permissible. Learned counsel further submits that, when review petition itself was not maintainable, no interim orders would have been passed. According to the learned counsel, S.L.R. Had passed reasoned order, there was no propriety in staying the order that too, behind the back of the petitioner. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders 3. Shri Gadegaonkar, learned counsel for the respondent nos. 1 and 4 submits that after taking due account of the facts and merits of the matter, the Honourable Minister had stayed the order of the S.L.R. No error can be found in the said order. Learned AGP also supported the said order. 4. When stay is being granted to a particular order impugned, then in such circumstances the stay has to be an ad-interim order and not till the disposal of the proceedings. From the perusal of the impugned order, it shows that the Honourable Minister has stayed the order of the S.L.R. till the disposal of the Review Application. Such a recourse is not permissible. 5. As the stay is granted by the Honourable Minister vide impugned order and same is in force from August, 2011. I am not inclined to quash and set aside the said order, but I would modify the said order to the extent that said order of stay would be till the disposal of the stay application. The order of stay is to be vacated or confirmed after hearing the non applicants before the Honourable Minister. 6. In view of the above, I pass following order. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders ORDER The impugned order dated 23.8.2011 passed by the Honourable Minister is modified to the extent of clause 2 of the said order. Stay as granted by the Honourable Minister shall be in force till Stay Application is decided by the Honourable Minister on hearing all the parties and, said order shall be read as an ad-interim order. Parties shall appear before the Honourable Minister on 9 th December, 2011 . The Honourable Minister shall decide about the stay application upon hearing all the parties expeditiously 7. Rule is accordingly made absolute in above terms. ( S V GANGAPURWALA, J. ) aaa/- ...