Sakhubai Kamlakar Bhokare And ORS v. State Of Maharashtra And ORS

osk 28-wp-5727-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5727 OF 2018 Sakhubai Kamlakar Bhokare & Ors.

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Petitioners V/s.

State of Maharashtra & Ors.

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Respondents ----- Mr.Aniket Ranade for Petitioners.

Mr.S.D. Rayrikar, AGP for Respondent No.1.

Mr.S.G. Karandikar for Respondent Nos.2A to 2E and 3A. CORAM : A.S. GADKARI, J.

DATE : 23rd August 2019.

P.C. :

1] The petitioners have taken exception to the Judgment and Order dated 31st March 2016 passed by the learned Member, Maharashtra Revenue Tribunal, Mumbai in Tenancy Revision No.TNC/EWV/4/B/2011, allowing the said Revision and setting aside the Orders passed by the Revenue Authorities below.

2] It is the contention of the learned counsel for the petitioners that, the application for condonation of delay preferred by the respondent No.2-Trust was decided on 22nd March 2016 and the Revision Application itself was also heard on the same day without granting an opportunity to 1/2

osk 28-wp-5727-2018.odt the petitioners of being heard in the matter. 3] Mr.Karandikar, learned counsel appearing for the contesting respondents fairly conceded to the said factual aspect of the matter. 4] As the impugned Order is passed against the petitioners without following the principles of natural justice, i.e. an opportunity of being heard in the matter, it is imperative to set-aside the impugned Judgment and Order dated 31st March 2016 and is accordingly set-aside. 5] The Tenancy Revision No. TNC/EWV/4/B/2011 is restored to the file of the Maharashtra Revenue Tribunal, Mumbai. The Revenue Tribunal is hereby directed to hear the matter afresh by granting an opportunity of bearing heard to all the concerned in the matter. 6] It is needless to mention that, all the contentions of the parties herein are kept open.

7] The parties herein are directed to appear before the Revenue Tribunal on 6th September 2019, at 11.00 am.

8] Petition is allowed in the aforesaid terms.

[A.S. GADKARI, J.] 2/2