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Judgment
Vinay Joshi, J
Heard.
In pursuance of the application filed by the Petitioner - Bank, recovery certificate under Section 101 of the Maharashtra Co-operative Societies Act was issued. In turn, the District Magistrate has handed over possession of the attached property for which documents are produced. Learned counsel for the petitioner would submit that despite petitioner put in possession, the District Magistrate has passed impugned order dated 22.10.2021 authorizing the borrower to remove the crops. It is the submission that the District Magistrate has no jurisdiction to review his own order.
The petitioner would submit that in terms of Rule 107(5)(e) of the Maharashtra Co-operative Societies Rule, after taking possession, recovery officer has to deal with the standing crop. Having regard to said facts, execution and implementation of the impugned order dated 22.10.2021 is hereby stayed till further order.
Issue notice to the respondents returnable after two weeks. Learned AGP waives service of notice for respondent No. 16.
In addition to the regular mode of service, private service is permitted.