Shri. Arun Shahaji Jagtap v. The State Of Maharashtra Through Its Secretary Of Revenue Department , And ORS.

DSS p-501-wp-2000-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2000 OF 2018 Shri. Arun S. Jagtap ..Petitioner versus The State of Maharashtra & Ors.

..Respondents Mr. Ajay A. Joshi for the Petitioner.

Mr. B.V. Samant,AGP for the Respondent - State. CORAM: S. C. DHARMADHIKARI & SMT. BHARATI HARISH DANGRE, JJ.

DATE : 15TH FEBRUARY, 2018.

P. C. :

1] The petitioner has moved this Court seeking the following relief: "A] This Hon. court be pleased to issue appropriate writ, order or direction and thereby be pleased to direct the respondent no 1 and 2 to decide 2nd revision application filed by the petitioner exhibit I and application for stay Ex. J as expeditiously as possible within the period of 6 weeks from today and"

2] On such a petition, which was moved yesterday, we placed it today at 3.00 p.m. only to enable the learned AGP to obtain instructions. 3] Mr. Samant, learned AGP appearing for respondent Nos.1 and 2, states that at present about 700 applications are pending before the Department of Revenue and Forest, Government of Maharashtra. The Petitioner has filed a revision application on 17.1.2018 and on 12.2.2018, he has rushed to this Court complaining about its non-disposal. 4] Mr. Samant would submit that there are other matters waiting adjudication and the petitioner should not be, therefore, given any precedence.

DSS p-501-wp-2000-18.doc 5] We are aware of the huge pendency and as projected by Mr.Samant. However, we do not understand insistence on all revision applications being heard by the Minister or the Minister of State for Revenue in the Government of Maharashtra. The power of revision is conferred by law in the State Government. It is that revisional power of the State Government which is being invoked in such matters. It is, therefore, just, fair and proper, if the litigant expects that the powers are not concentrated only in one or two hands, particularly disposal of such revision application, but they are delegated so that expeditious disposal of the revision applications pending on the file of the State Government can be achieved.

6] It is for the Principal Secretary, Secretary and others concerned in the Department to chalk out a programme after obtaining appropriate directions so that the pending revision applications can be disposed of. Presently, we direct that the petitioner's revision application shall be taken up for disposal and shall be disposed of, as expeditiously as possible, and within a period of two months form the date of appearance of the petitioner.

7] The petition is, therefore, disposed of.

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