Tajuddin Kasam Shaikh v. Shahaji Manikrao Dhavale And ORS

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IN THE HIGH COURT OF JUDICATURE AT

BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO.4229 OF 2022 Tajuddin Kasam Shaikh ..... Petitioner

Versus

Shahaji Manikrao Dhavale & Ors..... Respondents ----- Mr.Vivek Salunke, for the Petitioner.

Mr.Veerdhaval Kakade for Respondent No.1.

Mr.P.P. Pujari, AGP for State.

----- CORAM: M.G. SEWLIKAR, J.

DATE : 17th JUNE, 2022 P.C. :

1.

Heard.

2.

The learned counsel for the Petitioner submits that the interim order has been granted without issuing notice to the Respondents.

3.

The learned counsel for the Petitioner submits that the Petitioner purchased the property in question i.e. 20R land out of Gat No.379 at Village Digitally signed by RAJSHREE KISHOR MORE Date:

2022.06.17 14:13:56 +0530 Vadgaon-Rasai, Taluka Shirur, District Pune from RAJSHREE KISHOR MORE Rajshree

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Respondent No.1. He submits that the mutation entry was efected on the basis of the registered Sale Deed. The bank issued a letter to the Circle OfÏcer mentioning therein that despite there being encumbrances the Sale Deed was executed. On the basis of this letter the mutation entry bearing No.5752 was cancelled. The learned Commissioner set aside this order of the Circle OfÏcer and upheld the mutation entry. This order was stayed by the Hon'ble Minister without issuing notice.

4.

It appears from the order impugned that the Hon'ble Minister stayed the order on the date of first hearing. I do not find any error in this order. The learned counsel for the Petitioner submits that the Hon'ble Minister be directed to dispose of the Revision in a specified period. The learned AGP has no objection for the same.

5.

When this Court enquired with the learned

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counsel for the Petitioner as to whether the Petitioner has lodged appearance before the Hon'ble Minister, his answer was in the negative. He submits that he would appear before the Hon'ble Minister within a period of 15 days from today.

6.

In view of this, in the fitness of things, I deem it appropriate to pass the following order : a] The Petitioner and the respondents shall appear before the Hon'ble Minister in Revision Application within a period of 15 days from today.

b] From the date of his appearance, the Hon'ble Minister shall decide the Revision Application within a period of 4 months. c] All contentions of the parties are kept open.

d] With these directions, the Petition is disposed of with no order as to costs. (M.G. SEWLIKAR, J.)