Mr. Nagnath Sadhu Roopnavar v. Minister Of State For Revenue And ORS

WP. 6528-16 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 6528 OF 2016 Nagnath Sadhu Roopnawar ...

Petitioner Vs.

Minister of State for Revenue & Ors.

...

Respondents *** Mr. Sushant S. Prabhune, for the Petitioner.

Mr. S. D. Rayrikar, AGP for Respondent Nos. 1 and 2. Mr. B. A. Lawate, for Respondent No. 4.

*** CORAM : M. S. SONAK, J.

DATE : SEPTEMBER 13, 2017 PC :

1.

Not on board. In view of urgency, the petition is taken on the production board.

2.

There is no case made out to interfere with the impugned order. The second revisional authority has declined to grant any relief to the petitioner, who had questioned the refusal of interim relief pending the first revision, instituted by the Petitioner. This is the matter which relates to entry in the revenue record. Already a civil 1 / 2

WP. 6528-16 suit is pending. It is settled position in law that civil courts are required to decide such matters on their own merits, without being influenced by the orders passed by the revenue authorities on the aspect of entries in the revenue records. To that extent, the Petitioner is substantially protected.

3.

Since the revision before the first revisional authority was instituted in 2015, the first revisional authority is directed to dispose of the same on its own merits and in accordance with law, as expeditiously as possible, and in any case within a period of three months from the date of production of an authenticated copy of this order.

4.

The parties are directed to appear before the first revisional authority on 28th September, 2017 at 11.00 a. m. and produce the certified copy of this order. All concerned to act on an authenticated copy of this order. Writ petition is accordingly disposed of in the aforesaid terms.

Sd/- [M. S. SONAK, J.] Vinayak Halemath 2 / 2