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Bombay High CourtWP/1624/2020disposed off

Mr. Shamrao Dattu Patil And ORS v. State Of Maharashtra Through Hon'Ble Minister Of Revenue And ORS

2020-02-21Hon'Ble Shri Justice Milind N. Jadhav3 pages

R.M. AMBERKAR (Private Secretary)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1624 OF 2020 Shamrao Dattu Patil & Ors.

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Petitioners

Versus

State of Maharashtra & Ors.

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Respondents ...................

 Mr. Kalpesh Patil i/by Mr. Paras Yadav for the Petitioners  Mr. A.P. Vanarase, AGP for Respondent Nos. 1 to 6 ...................

CORAM : MILIND N. JADHAV, J.

DATE : FEBRUARY 21, 2020.

P.C.:

1.

Heard learned counsel for the parties.

2.

The present petition takes exception to the order dated 26.9.2019 passed by the Addl. Divisional Commissioner, Pune in RTS/Rev No.115/2016 in respect of agricultural property bearing CTS No. 138/12 situated at Village Pachgaon, Taluka Karveer, District Kolhapur.

3.

Mr. Patil, learned counsel for the petitioners submitted that the petitioners have filed revision application under the provisions of Section 258 of the Maharashtra Lane Revenue

Code,1966 before respondent No. 1 on 23.12.2019 challenging the above order dated 26.9.2019. The said revision application is pending.

4.

Heard Mr. Vanarase, learned AGP for respondent Nos. 1 to 6 and perused the impugned order. In view of the revisional application having been filed by the petitioners before respondent No. 1 - State, it will be appropriate if the present petition is disposed of with following directions:- (i) Respondent No. 1 - State is directed to hear the revision application filed by the petitioners against the order dated 26.9.2019 after according an opportunity of hearing to the petitioners and / or other necessary parties therein;

(ii) Respondent No. 1 shall make an endeavor to dispose off the revision application filed by the petitioners within a period of three months from the date of receipt of an authenticated copy of this order;

(iii) In the meanwhile, the orders dated 30.5.2012 passed by respondent No. 4 and order dated 26.9.2019 passed by respondent No. 2 shall remain in abeyance.

(iv) All questions are kept open.

5.

The petition is disposed off on the above terms with no order as to cost.

6.

Parties to act on an authenticated copy of this order. [ MILIND N. JADHAV, J. ] Digitally signed by Ravindra M.

Amberkar Date:

2020.02.21 17:17:09 +0530 Ravindra M.

Amberkar