Mukesh Popatlal Gada And ANR. v. District Superintendent Land Records And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10344 OF 2018 Mukesh Popatlal Gada & Anr.

] ..Petitioners v.

District Superintendent Land Records & Ors.] ..Respondents. Mr.Mahendra Kawchale i/by Mr.Rahul Bharekar for the Petitioners.

Mrs.P.N. Diwan, AGP for the State.

Mr.Anand Bhujang, Head Clerk, Land Record Dept. Off. City Survey NO.1, Pune present.

CORAM :

INDRAJIT MAHANTY & N.B.SURYAWANSHI, JJ.

DATE :

29TH AUGUST, 2019.

P.C.

1] Heard learned counsel for the parties. This Writ Petition has been filed seeking directions to the appropriate authority to comply the directions issued by the Additional Collector, Pune in RTS Revision No.599 of 2015 dated 3rd May, 2016. 1/3

2] This Court (Coram : A.S. Oka & M.S.Sonak, JJ) has taken note of the inaction on the part of Director of Land Records from executing the said order and accordingly directions were issued on 25th October, 2018.

3] Learned APP has filed counter affidavit in this matter and submitted that the order, execution of which is stayed in the present Writ petition, is subject matter of the revision initiated on the report of the Additional Commissioner, Revenue, Pune Division and registered as Revision No.455 of 2018.

4] Learned counsel for the Petitioners submits that the said Revision might not have been initiated, since this Court issued directions on 25th October, 2018. He fairly submits that the Petitioner has appeared in the said Revision and has also participated in the Revision.

5] Learned counsel for the Petitioner submits that the Revision has already been concluded and accordingly prays for withdrawal of the instant Writ Petition with further direction to the Additional Commissioner, to render Judgment, if not already delivered, within a period of four weeks from today. We make it clear that issues raised in the instant Writ Petition have not been adjudicated by this Court. 2/3

6] Accordingly, we permit withdrawal of Writ Petition No.10344 of 2018, keeping all the issues raised, open for consideration. With such observations and directions, Writ Petition stands disposed off as withdrawn.

[N.B.SURYAWANSHI, J] [INDRAJIT MAHANTY, J] 3/3