Gautam Dashrath Londhe v. The Revenue Minister State Of Maharashtra And ORS

Digitally signed by SONALI MILIND PATIL Date:

2022.09.12 17:21:08 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

SONALI MILIND PATIL CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 506 OF 2021 Gautam Dashrath Londhe

...Petitioner

Versus

The Revenue Minister State of Maharashtra & Ors.

...Respondents

Mr. Sumit V. Khaire, for the Petitioner.

Mr. A. P. Vanarase, AGP , for the Respondent Nos. 1 to 7-State. Mr. Sandeep S. Salunkhe, for the Respondent Nos. 8 & 9. CORAM : MADHAV J. JAMDAR, J.

DATED : 12th SEPTEMBER 2022 P.C. :

1.

The Petitioner has impugned the order dated 9th November 2020 passed by the Respondent No.1-Revenue Minister, State of Maharashtra. By the impugned order, order dated 11th September 2017 passed by the Additional Collector and order dated 5th June 2018 passed by the Additional Commissioner, Pune Division has been set aside and the matter was remanded back to the Collector. 1/3

2.

Mr. Sandeep Salunkhe, the learned Advocate appearing for Respondent Nos. 8 and 9, who are the Applicants before the Collector submits that Collector has heard the matter and now the same is pending for passing orders.

3.

Mr. Khaire, learned counsel appearing for the Petitioner states that the Petitioner was not heard by the Collector. In any case, it is common ground that Collector has not yet passed the order. It is the contention of the Petitioner that Petitioner has received some additional documents and the Petitioner intends to produce the same before the Collector. Mr. Salunkhe, the learned counsel appearing for the Respondent Nos. 8 and 9 after taking instructions states that the said Respondents have no objection if said documents are produced and Collector hears the matter. He submits that the Respondent Nos. 8 and 9 be heard again including regarding said document. In view of this, there is no impediment for Collector to hear the case again. 4.

In view of above, following order is passed.

ORDER

(i) Both the contesting parties viz. the Petitioner and the 2/3

Respondent Nos. 8 and 9 to remain present before the Collector who has partly heard RTS Appeal No. 157 of 2016 on 21st September 2022 at 11.00 a.m.

(ii) On that day, the Petitioner to submit additional documents and copies of the same be supplied to the Respondent Nos. 8 and 9. The Collector to fix the schedule of hearing on 21st September 2022. The Collector is requested to decide the RTS Appeal No.157 of 2016 within a period of three months after hearing all the parties afresh.

(iii) All contentions of parties are kept open. 5.

The Writ Petition is disposed of in above terms. MADHAV J. JAMDAR, J.

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