Yashoda Ramchandra Jagtap Through Her Constituted Attorney Krushna Hanumant Jagtap v. The State Of Maharashtra And ORS
4 wp 352 of 2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.352 OF 2022 Yashoda Ramchandra Jagtap ...
Petitioner versus The State of Maharashtra and Ors.
...
Respondents Mr. Rupesh Atul Zade, for Petitioner.
Mr. S.D.Rayrikar, AGP for Respondent No.1.
Mr. Prasad Avhad i/by Mr. Chetan Nagare for Respondent Nos.2 to 5.
CORAM:
N.J.JAMADAR, J.
DATE :
15 JUNE 2023 P.C.
1.
Heard the learned Counsel for the parties.
2.
The Petition assails the order dated 27 May 2021 passed by the learned Member, Maharashtra Revenue Tribunal, Pune in Revision Application No.P/XI//1/20 whereby the learned Member was persuaded to continue the stay granted on 9 November 2020 to the execution and operation of the order passed by the Sub-Divisional Officer and directed the Sub-Divisional Officer to decide the Appeal on merits.
3.
The learned Counsel for the Petitioner submits that, in the intervening period, the Petitioner has come across certain documents which bear upon the determination of the proceedings before the Sub-Divisional Officer. The learned Counsel, thus, seeks liberty to produce those documents before the Sub-Divisional Officer and a direction to the Sub-Divisional Officer to decide the Appeal after SSP 1/2
4 wp 352 of 2022.doc considering the documents.
4.
It seems that the copies of the documents which are sought to be produced are in respect of the subject land.
5.
In the circumstances, the Petition stands disposed with liberty to the Petitioner to tender the documents before the Sub-Divisional Officer, Baramati. 6.
The Sub-Divisional Officer, Baramati, shall decide the Appeal on its own merits and in accordance with law, after considering the material available on record as well as the documents which the Petitioner proposes to file. 7.
The Respondents shall also be at liberty to file an Affidavit and/or documents to deal with the documents that the Petitioner proposes to file. 8.
The stay granted by the Maharashtra Revenue Tribunal, Pune by an order dated 9 November 2020 shall continue to operate till the disposal of the appeal by the Sub-Divisional Officer, Baramati.
9.
The Sub-Divisional Officer, Baramati is requested to make an endeavour to decide the Appeal as expeditiously as possible and preferably within a period of four months from the date scheduled for the appearance of the parties before him. 10.
The parties shall appear before the Sub-Divisional Officer, Baramati on 10 July 2023.
11.
With the aforesaid directions, the Petition stands disposed. ( N.J.JAMADAR, J. ) SSP 2/2