← Library
Bombay High CourtWP/9445/2017disposed off

Mr. Deepak Madhukar Sawantdesai And ORS. v. Smt. Vasanti Wamanrao Salvi (Since Decd.) Through Lrs. And ORS.

2018-06-22Hon'Ble Shri Justice R.D. Dhanuka2 pages

kvm 1/2 901-WP9445.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9445 OF 2017 Deepak Madhukar Sawant Desai & Ors.

..... Petitioners

VERSUS

Vasanti Wamanrao Salvi (since deceased) Through her legal heirs & Ors.

..... Respondents Mr.Joel John Carlos for the Petitioners.

Mr.Sumit Kothari for the Respondent nos. 1A to 1C. Ms.K.N.Solunke, A.G.P. for the State - Respondent nos. 3 to 6. CORAM :

R.D. DHANUKA, J.

DATE :

22nd JUNE, 2018 P.C.

Learned counsel appearing for the respondent nos. 1A to 1C tenders copies of the letters addressed by his clients instructing him to agree for remand of the revision proceedings before the learned Minister (Revenue) and for setting aside the impugned order dated 21st October,2016. Copies of the letters are taken on record and marked 'X' collectively.

2.

By consent of parties, the impugned order dated 21st October,2016 passed by the learned Minister (Revenue) in RTS2914/PRA.KRA.206/J-4A is set aside. Revision proceedings are remanded before the learned Minister (Revenue) for deciding the matter afresh and on its own merits and without being influenced by the observations made and the conclusions drawn in the impugned order dated 21st October,2016.

3.

The revision application shall be disposed of expeditiously and

kvm 2/2 901-WP9445.17 not later than four months from the date of its first meeting. 4.

The parties are directed to appear before the learned Minister (Revenue) on 3rd July, 2018 at 11.00 a.m.

5.

If the time is not convenient to the learned Minister (Revenue) as fixed by this court, a fresh date shall be communicated to the parties by the office of the learned Minister (Revenue). 6.

It is made clear that this court has not expressed any views on the merits of the matter. All the contentions of both the parties are kept open.

7.

Ad-interim relief granted by this court on 15th September, 2017 to continue till disposal of the revision application and for a period of two weeks from the date of communication of the said order if the same is adverse to the petitioners.

8.

Writ petition is disposed of in the aforesaid terms. There shall be no order as to costs.

9.

The parties as well as the learned Minister (Revenue) to act on the authenticated copy of this order.

[R.D. DHANUKA, J.]