Shweta Sachin Bansali And ANR v. Amol Sayaji Wadekar And ORS

Digitally signed by AARTI GAJANAN PALKAR Date:

2024.05.09 15:43:25 +0530 AARTI GAJANAN PALKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6744 OF 2024 Shweta Sachin Bansali & Ors.

...Petitioners

Versus

Amol Sayaji Wadekar & Ors.

...Respondents

Mr. R.D. Soni i/b. Ram & Co., Advocate for Petitioners. Smt. Vyas, Addl. G.P. a/w. R.S. Pawar, AGP for RespondentState.

CORAM

: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE : MAY 08, 2024 P. C.

1.

The above Writ Petition is filed seeking the following reliefs:- a. This Hon'ble Court may issue a Writ of certiorari or any other appropriate Writ, order or direction quashing and/or setting aside the Order and Judgment dated 26/2/2024 passed by the Deputy Director Land Records Pune Division, Pune in Appeal No.SR/6028 of 2023 being Exhibit "M" hereto as also the Order and Judgment dated 21st April, 2023 passed by the District Superintendent of Land Records Pune in Appeal No.4951 of 2021 being Exhibit "H".

b. In the alternative this Hon'ble Court may direct the Respondent No.6 Hon'ble Minister for Revenue State of Maharashtra to forthwith decide the Revision Application No.____and/or the Stay Application filed therein expeditiously and within a time bound schedule."

2.

Mr. Soni, the learned Counsel appearing on behalf of the Petitioners submitted that he is pressing the above Writ Petition only in terms of the alternative prayer, namely, prayer-clause (b) of the petition. He seek a direction to Respondent No.6 to decide his Revision Application and/or Stay Application filed therein as expeditiously as possible and within a time bound schedule. The Revision Application filed by the Petitioners is annexed at Exhibit N (Page No.139 of the paperbook). Since this is the limited relief sought, we request Respondent No.6 to decide the Revision Application filed by the Petitioners and/or the Stay Application filed therein, as expeditiously as possible and in any event on or before 30th July, 2024.

3.

In the meanwhile, and so as to ensure that the Revision Application is not rendered infructuous, the Order dated 21st April, 2023, passed by the District Superintendent of Land Records, Pune, in Appeal No.4951 of 2021, and which is assailed in the above Revision Application, shall not be acted upon till Respondent No.6 either disposes of the Revision Application or the Stay Application filed by the Petitioners.

4.

It is needless to clarify that we have not opined on the merits of the matter and the Minister after hearing the Stay Application filed by the Revisional Applicants, shall be free to vacate and/or modify the stay granted by us today, if such a case is made out. 5.

Personal Assistant of this Court. All concerned will act on [SOMASEKHAR SUNDARESAN, J.] [B.P. COLABAWALLA, J.]