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Bombay High CourtWP/5935/2024disposed off

Vitthal Shripati Gore And ANR v. The Addl. Commissioner Pune And ORS

2024-04-22Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Shri Justice Jitendra Shantilal Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5935 OF 2024

1. Vitthal Shripati Gore ]

2. Dattatray Vithal Gore ] .. Petitioners

Versus

1. The Addl. Commissioner, Pune ]

2. The Additional Collector (Tenancy Branch), Pune ]

3. The Deputy Collector (Tenancy Branch), Pune ]

4. Chetan Chandrashekar Shinde ] .. Respondents Mr. Sushant Prabhune (through V.C.), with Ms. Mamta Pandey, Advocates for the Petitioners.

Mr. N.C. Walimbe, Addl. G.P. with Smt. Priyanka B. Chavan, Asst. G.P., for Respondent Nos.1 to 3 - State of Maharasthra. CORAM : A.S. CHANDURKAR & JITENDRA JAIN, JJ DATE : 22ND APRIL, 2024.

[ THROUGH HYBRID HEARING ] ORAL JUDGMENT : ( Per A.S. Chandurkar, J. ) 1.

RULE. Considering the nature of directions proposed to be issued, service on respondent no.4 is dispensed with. The learned AGP appears for respondent nos.1 to 3.

2.

The only relief sought by the petitioners is for expeditious consideration of the appeal filed by the petitioners that is pending before the Additional Commissioner, Pune. The said appeal, under Section 247 of the Maharashtra Land Revenue Code, 1966, has been filed on 11th November 2022. It is urged that petitioner no.1 is aged about 96 years and hence the appeal may be decided expeditiously. 1/2 6-WP-5935-2024.doc Dixit

3.

Considering the facts on record and as the appeal has been filed on 11th November 2022, it is directed that the respondent no.1-Additional Commissioner shall take necessary steps to decide the said appeal within a period of three months of receiving copy of this judgment. The respondent no.4 shall be duly heard in the said proceedings. The Additional Commissioner shall take into consideration all relevant aspects and decide the appeal on its own merits. All points raised are kept open. 4.

Rule is disposed of.

[ JITENDRA JAIN, J. ] [ A.S. CHANDURKAR, J. ] 2/2 Digitally signed by SNEHA ABHAY DIXIT Date:

2024.04.22 18:24:48 +0530 6-WP-5935-2024.doc Dixit SNEHA ABHAY DIXIT