Sikandar Bapu Kazi v. The State Of Maharashtra Through Secretary, Dept. Of Revenue And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.772 OF 2015 Sikandar Bapu Kazi

...Petitioner

versus The State of Maharashtra and Others

...Respondents

Ms. Manjiri Parasnis, for Petitioner.

Ms. Vaishali Nimbalkar, AGP for Respondent Nos. 1 to 5.

Mr. G.M. Savagave, for Respondent No. 6.

Mr. Anilkumar Patil, for Respondent Nos.7 to 9 CORAM : M. S. SONAK, J.

DATE : 24TH FEBRUARY 2015 P.C. :- .

Rule, with the consent and request of the learned counsels for the parties rule is made returnable forthwith.

2.

The petitioner, as against the order dated 3rd November, 2014 made by the District Superintendent of land record has instituted an appeal before the Dy. Director of land record. Along with memo of appeal, the petitioner has also applied for stay upon the implementation of the 1/4

order dated 3rd November, 2014. Since no orders were made upon the motion for stay, the petitioner instituted revision petition before the Minister (Revenue) accompanied by yet another application for stay.

3.

It is the case of the petitioner that even Minister (Revenue) has made no orders either in the revision application or upon the motion for stay. Hence, present petition.

4.

This petition can be conveniently disposed of by directing the Dy. Director of land record to hear and decide the appeal instituted by the petitioner against the order dated 3rd November, 2014 within a period of two months from today. Pending such appeal, parties can always be directed to maintain status quo.

5.

Accordingly, this petition is disposed of by making the following order :- (a) The Dy. Director of land record 2/4

is directed to hear and decide the appeal instituted by the petitioner against the order dated 3rd November, 2014 within a period of two months from today.

(b) Pending disposal of the appeal by the Dy. Director of land record, the parties shall maintain the status-quo in regard to the order dated 3rd November, 2014.

(c) Parties to appear before the Dy.

Director of land record on 2nd March, 2015 at 3.00 pm for obtaining direction.

(d) The revision petition instituted by the petitioner before the Minister (Revenue) is infructuous in view of the present order and is accordingly disposed of. The petitioner to make a formal application before the Minister (Revenue) in this regard.

(e) It is made clear that this Court has not examined the merits of the 3/4

matter and all contentions of all parties are left open for decision by the Dy. Director of land records.

6.

This petition is disposed of in the aforesaid terms.

7.

All parties to act on the authenticated copy of this order.

(M. S. SONAK, J.) 4/4