Dault Nimba Kale (Decd) Through Lrs v. Rambha Santu Kale (Decd) Through Lrs. And ORS

wp-3650.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3650 OF 2015 Dault Nimba Kale Since deceased through LRs Kusumbai Daulat Kale and ors.

: Petitioners versus Rambha Santu kale (Since deceased through LRs) Rajaram Rambha Kale and ors.

: Respondents.

Mr. Vivek V Salunke for the Petitioners.

Ms. Gauri Rao AGP for the Respondent Nos.3,4 and 5. CORAM :

R. M. SAVANT, J.

DATE :

28th April 2015 P.C.

The writ jurisdiction of this court is invoked against the notice dated 5/2/2014 issued by the District Superintendent of Land Records, Nashik Division, Nashik. By the said notice it is informed that the draft modification to the Consolidation Scheme in so far as Khata No.150 and Gat No.416 (Old Gat No.946) has been approved pursuant to the order dated 30/10/2006 passed by the Superintendent of Land Records, Nashik. Against the said order the Petitioners have filed a Revision before the State Government in the year 2011 which is as yet pending.

The learned counsel for the Petitioners states that the Petitioners would be satisfied if the said Revision is directed to be disposed of within a lgc

wp-3650.15 particular time frame.

The learned AGP states that though she has tried to contact the concerned Department on account of the fact that the papers are not available she is without instructions as to within what time the said Revision Application would be decided. In the event the papers are not traceable the Petitioner can furnish the additional copy of the Revision Application to the Department that has been filed along with the order impugned therein. However, the Revisionary Authority is directed to hear and decide the Revision Application latest by 31/7/2015. The Petitioners to appear before the Revisionary Authority on 11/5/2015, on which day if the papers are not found, the Petitioners can furnish an additional copy to the department. The notice dated 5/2/2014 not to be implemented till 11/5/2015. The Petitioners thereafter to apply before the Revisionary Authority for continuation of the stay. With the aforesaid directions the above Writ Petition is disposed of. The learned AGP to communicate the instant order to the concerned department. [R.M.SAVANT, J] lgc