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Bombay High CourtWP/2871/2015disposed off

Shri. Ratnakant Gangaram Raikar And ANR v. State Of Maharashtra And ORS

2018-06-04Hon'Ble Smt. Justice Bharati Dangre,Hon'Ble Shri Justice S.C. Dharmadhikari2 pages

suresh 12-WP-2871.2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2871 OF 2015 Ratnakant Gangaram Raikar & Anr.

.... Petitioners Vs.

State of Maharashtra & Ors.

.... Respondents Mr. A.V. Anturkar, Senior Advocate with Mr. Sandeep Phatak i/by Mr. S.B. Deshmukh for the Petitioners. Ms Shruti Vyas, "B" Panel Counsel for Respondent Nos.1 to 3.

CORAM: S.C. DHARMADHIKARI & SMT. BHARATI H. DANGRE, JJ.

DATE : JUNE 04, 2018 P.C:

1.

After this writ petition was heard for some time and we expressed our disinclination to grant any relief in writ jurisdiction on the factual dispute, Mr. Anturkar, learned Senior Advocate, seeks liberty to approach the authorities under the Maharashtra Land Revenue Code, 1966, competent to deal with the application made by the petitioners on the lines indicated at pages 86 & 87 of the paper-book and requests that if such

suresh 12-WP-2871.2015.doc authorities are approached once again with a similar application, let that application be dealt with as expeditiously as possible and in any event within two months from the date of its filing by the said competent authority.

2.

In the light of this statement made by Mr. Anturkar, learned Senior Advocate appearing for the petitioners, the writ petition is allowed to be withdrawn with liberty to approach the competent authorities under the Maharashtra Land Revenue Code, 1966 with a request to make appropriate entries and let that application be dealt with strictly in accordance with law. Meaning thereby, that application be disposed of in accordance with law after hearing all affected parties. A reasoned order be passed within a period of two months from the date of receipt of the application. We clarify that we have not expressed any opinion on the maintainability of the application or its merit. The petition accordingly stands disposed of.

(SMT. BHARATI H. DANGRE, J.) (S.C. DHARMADHIKARI, J.)