Shridhar Govind Kulkarni v. The Principal Secretary And Special Executive Officer (A And R) And ORS.

skc 522-WP-6135-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6135 OF 2017 Shridhar Govind Kulkarni ..

Petitioner vs.

The Principal Secretary and Special Executive Officer (A and R) & Ors.

..

Respondents WITH CIVIL APPLICATION NO. 1502 OF 2017 Abhijeet R. Patil & Ors.

..

Applicants In the matter between :

Shridhar Govind Kulkarni ..

Petitioner vs.

The Principal Secretary and Special Executive Officer (A and R) & Ors.

..

Respondents Mr. Vijay Killedar for Petitioner.

Mr. S. D. Rayrikar - AGP for Respondent Nos. 1 to 4. Mr. Atul Damle - Senior Advocate for Respondent No. 5 CORAM : M. S. SONAK, J.

DATE: 13 SEPTEMBER 2017 P.C :

1] Not on board. In view of urgency, taken on production board. 2] The challenge in this petition is to the orders made by the Hon'ble Minister in his capacity as the revisional authority under the Maharashtra Land Revenue Code. The impugned order relates to entries in revenue records.

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skc 522-WP-6135-17.doc 3] Admittedly, the civil suit on basis of substantive title is already pending before the civil court. The civil court has already ordered maintenance of status quo by the parties.

4] Accordingly, it is clarified that the civil court to proceed with the civil suit and dispose of the same on its own merits and in accordance with law without in any manner being influenced by any orders made by the revenue authorities as also the circumstance that such orders are not being interfered with by this Court. There shall be a status quo in respect of the revenue entries as well and the revenue entries will abide by the final orders that will be made in the civil suit which is pending between the parties. 5] With the aforesaid observations, this petition is disposed of. 6] In view of disposal of the petition, civil application does not survive and the same is also disposed of.

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