Bhaskar Ramkrushna Kond And ORS. v. Tahasildar Nashik And ORS.

ppn 1 6.wpst-10287.18 wt wp-1748.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST.) NO.10287 OF 2018 Bhaskar Ramkrushna Kond & Ors.

.. Petitioners Vs.

Tahsildar, Dindori, Nashik & Ors.

.. Respondents --- Mr.Satyajeet Dighe for the petitioner.

Mr.S.H.Kankal, AGP for the respondent nos.1 & 2. Mr.Ashok Gade for the respondent nos.3 to 6. --- ALONG WITH WRIT PETITION NO.1748 OF 2016 Group Gram Panchayat Pandane through its Sarpanch .. Petitioner Vs.

State of Maharashtra & Ors.

.. Respondents --- Mr.Prashant Darandale for the petitioner.

Mr.S.H.Kankal, AGP for the respondent nos.1 & 2. Mr.Satyajeet Dighe for the respondent nos.6 & 9. --- CORAM : R.D. DHANUKA, J.

DATE : 30th July 2018 P.C.:

.

By consent of parties, the impugned order dated 9th March 2018 passed by the learned Revenue Minister, State of Maharashtra which is subject matter of the Writ Petition Stamp No.10287 of 2018 is set aside. By consent of parties, the order dated 2nd January 2014 passed by the learned Revenue Minister, State of Maharashtra which is subject matter of the Writ Petition No.1748 of 2016 is set aside.

ppn 2 6.wpst-10287.18 wt wp-1748.16.doc 2.

Appeal bearing No.R.T.S./Appeal/2013/P.K.43/J-6 is restored to file before the learned Revenue Minister, State of Maharashtra for hearing and final disposal afresh without being influenced by the observations made and the conclusions drawn by the learned Revenue Minister in the impugned orders dated 2nd January 2014 which is subject matter of the Writ Petition No.1748 of 2016 and dated 9th March 2018 which is subject matter of the Writ Petition Stamp No.10287 of 2018. Learned Minister shall hear the parties to the said appeal and also the Gram Panchayat before passing an order after compliance with the principles of natural justice expeditiously and not later than four months from the date of first hearing.

3.

Interim relief which was granted in Writ Petition Stamp No.10287 of 2018 on 24th April 2018 to continue till disposal of the said proceedings before the learned Minister and for a period of two weeks from the date of communication of the order, as may be passed by the learned Minister if the same is adverse to the petitioner. It is made clear that this Court has not expressed any views on merits of the matter. All contentions of the parties on merits are kept open. Both the writ petitions are disposed of in aforesaid terms. No order as to costs. Parties as well as the learned Minister to act on the authenticated copy of this order. R.D. DHANUKA, J.