Sau. Chitralekha Chandrakant Kulkarni And ORS. v. The Sub Divisional Officer, Junner And ORS.

WP.3741/2015(23)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3741 OF 2015 Sau. Chitralekha Chandrakant Kulkarni .. Petitioners vs.

The Sub Divisional Officer, Junner Ambegaon Sub Division, Manchar, Pune .. Respondent Mr. S.A. Sawant for the Petitioners.

Mrs. M.S.Bane 'B' Pannel Counsel for Respondent Nos. 1 & 2 CORAM :

M. S. SONAK, J.

DATE : 26TH NOVEMBER 2015.

P.C.

1] The learned Counsel for the petitioners, on the basis of instructions from the petitioners states that the petitioners will institute an appeal against the order impugned in this petition under Section 6 of Maharashtra Restoration of Lands to Schedule Tribes Act 1974 (said Act) within a period of 4 weeks from today. If such appeal is indeed instituted within a period of 4 weeks from today, the MRT will hear and dispose off the same on its own merits, without going into the issue of limitation. This is because, the petitioners had instituted the present petition within a period of limitation prescribed for the institution of such appeal. Further, for a 1/2

WP.3741/2015(23) period of 8 weeks from today, the impugned order shall remain stayed. This is to enable the petitioners to apply for interim reliefs before the MRT. The MRT to consider and decide the appeal as well as any motion for interim relief on its own merits and in accordance with law, without in any manner influenced by circumstances this Court had granted or has extended interim relief. 2] All contentions of all parties are left open for adjudication by the MRT.

3] All parties to act on the authenticated copy of this order. 4] This petition is disposed off in the aforesaid order. 5] There shall be no order as to costs.

(M. S. SONAK, J.) minaxi 2/2