Shri. Sidgonda Kalgonda Patil And ANR. v. Sheetal Babaso Kamte And ORS.

1 904.4115.19 wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4115 OF 2019 Shri. Sidgonda Kalgonda Patil and another .....Petitioners V/s.

Shehetal Babaso Kamte and others .....Respondents Mr. Sandeep S. Koregave for the Petitioner Mr. Abhijit M. Adagule for respondent no. 1 Mr. A. B. Kadam AGP for the State CORAM :

NITIN W. SAMBRE, J.

DATE :

JULY 24, 2019.

P.C.

Heard.

The submissions are, a substantive Revision at the behest of the petitioner against an order passed in exercise of powers under Section 143 of Maharashtra Land Revenue Code ('the Code' for short) by Tahsildar confirmed by Sub-Divisional Officer and further confirmed by the Additional Collector is pending adjudication. That being so, the least that was expected of the Revisional Authority was

2 904.4115.19 wp.doc to grant an interim relief thereby staying the order under Section 143 of the Code, particularly in the background of the fact that, prima facie finding about a technical error is recorded. While opposing the claim, learned counsel for respondent submits that orders which are impugned in the Revision are already given effect to and a road is carved out by removing the encroachment made by the petitioner. He would place reliance upon the Panchanama drawn to that effect by the Revenue Authorities. According to him, though an order of status-quo is passed, petitioner has conducted himself contrary to order of status-quo. As such, according to him, petition is liable to be dismissed. Considered rival submissions.

This Court on 02/04/2019 passed an order of status-quo. Let this order to continue till the decision is given on Revision preferred by the petitioner.

3 904.4115.19 wp.doc As far as the claim of the petitioner about violation of order of status-quo is concerned, respondents are at liberty to pursue the same before competent forum.

Petition stands disposed of with above observations. Needless to clarify that Revision of the petitioner be decided expeditiously and in any case by 15/09/2019.

Parties herein assure that this order will be brought to the notice of Additional Collector within period of one week from today. [NITIN W. SAMBRE, J.]