Shri. Bapu Vithoba Deshmukh And ORS. v. Shri. Sopan Dhondi Tamhane And ORS.

(909) wp-5877.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5877 OF 2016 Bapu Vithoba Deshmukh and ors.

: Petitioners.

versus Sopan Dhondi Tamhane and ors.

: Respondents.

Mr. Prabhanjan Gujar for the Petitioners.

Ms. Manisha A Devkar for the Respondent No.2. Mr. S D Rayrikar AGP for the Respondent No.3. CORAM :

R. M. SAVANT, J.

DATE :

09th December 2016 P.C.

The writ jurisdiction of this Court is invoked against the order dated 16/03/2016 passed by the Additional Commissioner, Pune Division, Pune by which order the Application for Stay filed by the Petitioner in the Revision filed by him against the order dated 17/12/2015 passed by the Additional Collector, Solapur, came to be rejected. The proceedings relate to Mutation Entry Nos.8128, 8129 and 8130 effected in the revenue record. The said entries were in favour of the Petitioner which have been set aside by the Circle Officer, Malshiras, against which the Petitioner filed an Appeal before the Sub Divisional Officer, Solapur. The Sub Divisional Officer had partly allowed the said Appeal filed by the Petitioner against which the Respondent No.1 herein filed Second Appeal which came to be allowed and the setting aside of the mutation entries was lgc

(909) wp-5877.16 confirmed against which the Petitioner has filed a Revision before the Additional Commissioner.

The learned AGP Shri S D Rayrikar on instructions states that the Revision filed by the Petitioner would itself be disposed of within three months from date i.e. on or before 09/03/2017.

In view of the aforesaid statement of the learned AGP, the Revisionary Authority i.e. the Additional Commissioner, Pune Division, Pune is directed to hear and decide the Revision latest by 09/03/2017. Pending consideration of the Revision, the status quo in respect of the mutation entries in question be maintained. The parties to appear before the Additional Commissioner, Pune Division, Pune on 20/12/2016. It is made clear that the grant of the order of status quo pending the Revision in question should not be construed as any expression of opinion of this Court on the merits of the matter. The Revision to be decided on its own merits and in accordance with law. With the aforesaid directions, the above Writ Petition is disposed of. [R.M.SAVANT, J] lgc