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Bombay High CourtWP/5111/2018dismissed

Shankar Raghunath Mhatre (Since Deceased Through Lrs.) And ORS. v. Addl. Commissioner Konkan Division And ORS.

2018-06-25Hon'Ble Shri Justice R.D. Dhanuka2 pages

59-wp5111-18 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5111 OF 2018 Smt.Parvati S. Mhatre & Ors.

...Petitioners

V/s.

Additional Commissioner, Konkan Division & Ors.

...Respondents

Mr.Mayur Khandeparkar i/b S. Ashwinikumar & Co. for the Petitioners.

Ms.Kavita N. Solunke, A.G.P. for the State - Respondent. Mr.Neveille Mukerji with Ms.Asim Tirmizi i/b Vevitas Legal for the Respondent No.45.

CORAM : R.D. DHANUKA, J.

DATE : 25TH JUNE, 2018.

P.C. :- 1.

Mr.Khandeparkar, learned counsel appearing for the petitioners on instructions states that his clients would file a second revision application under section 257 of the Maharashtra Land Revenue Code before the concerned Minister within two weeks from today and seeks liberty to withdraw this petition on that ground. The statement is accepted.

2.

The writ petition is dismissed as withdrawn with liberty as prayed. No order as to costs.

3.

If any second revision application is filed by the petitioners within two weeks from today, a copy thereof shall be served upon the 1/2

59-wp5111-18 contesting respondents within one week from the date of filing of the said second revision application.

4.

If any application for condonation of delay is filed in filing the second revision application before the learned Minister, the same shall be also served upon the contesting respondents. Learned Minister shall give an opportunity to the respondents to file affidavit in reply to the application for condonation of delay and also to the second revision application and shall pass an order expeditiously. 5.

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.

(R.D. DHANUKA, J.) 2/2