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Bombay High CourtWP/6272/2024disposed off

Shirish Raghunath Joshi Throu. His Poa Raghunath Chandidas Joshi v. The State Of Maharashtra Throu. Ministry Of Revenue And ORS

2024-05-09Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Shri Justice Jitendra Shantilal Jain2 pages

Digitally signed by SNEHA ABHAY DIXIT Date:

2024.05.09 18:44:51 +0530 SNEHA ABHAY DIXIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6272 OF 2024 Shirish Raghunath Joshi ] Through General Power of Attorney Holder ] and his father - Raghunath Chandidas Joshi ] .. Petitioner

Versus

1. The State of Maharashtra, ] Through Ministry of Revenue ]

2. The District Collector, Solapur ]

3. The Divisional Commissioner, Pune ]

4. Arvind Gopal Kumbhakoni, Advocate ] (Since Deceased) - through LR - Respondent No.5 ]

5. Ashutosh A. Kumbhakoni, Advocate ]

6. Anil Vasantrao Pandhe (Deceased), ] Through LR - Ankur Anil Pandhe ] .. Respondents Mr. Yogesh Birajdar, i/by Mr. S.D. Dharmadhikari, Advocates for the Petitioner.

Smt. S.D. Vyas, Additional Government Pleader, with Smt. P.N. Diwan, Assistant Government Pleader, for Respondent Nos.1 to 3 - State of Maharashtra.

CORAM : A.S. CHANDURKAR & JITENDRA JAIN, JJ DATE : 9TH MAY, 2024.

ORAL JUDGMENT : { Per A.S. Chandurkar, J. } 1.

RULE. Rule made returnable forthwith. Smt. P.N. Diwan, the learned Assistant Government Pleader waives notice for respondent nos.1 to 3. 1/2 931-WP-6272-2024.doc Dixit

Considering the nature of directions proposed to be issued, service on respondent nos.4 to 6 is dispensed with.

2.

Pursuant to the order dated 31st January 2012, the Divisional Commissioner in proceedings under Section 247 of the Maharashtra Land Revenue Code, 1966 remanded the matter to the Collector for fresh consideration. The grievance of the petitioner is that after remand, the Collector, Solapur has not decided the proceedings. 3.

In aforesaid facts, the writ petition is disposed of by directing the respondent no.2 to consider the aforesaid proceedings and take a decision pursuant to the order of remand passed by the Divisional Commissioner, Pune Division, Pune in RTS Appeal No.8/2010 on 31st January 2012 within a period of eight weeks of receiving copy of this order. The petitioner shall serve a copy of this order on respondent nos.2 and 4 to 6. All points raised on merits are kept open.

[ JITENDRA JAIN, J. ] [ A.S. CHANDURKAR, J. ] 2/2 931-WP-6272-2024.doc Dixit