Shree Sai Realtiy And ORS v. Shri. Pandurang Laxman Yadav And ORS

Digitally signed by NITIN DINKAR JAGTAP Date:

2021.08.04 15:43:27 +0530 NITIN DINKAR JAGTAP 1 / 3 15-IA-1683-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1683 OF 2021 IN WRIT PETITION (L) NO.93315 OF 2020 Shree Sai Realty & Ors.

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Applicants

Versus

Pandurang Laxman Yadav & Ors.

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Respondents Mr.A.P.Kulkarni for the Petitioners.

Ms.M.P.Thakur, AGP for the State.

CORAM : S.J. KATHAWALLA, & MILIND N. JADHAV, JJ.

DATE : 4TH AUGUST, 2021 P.C. :

1.

On 24th March, 2021, this Court passed the following Order : "1. By the above Writ Petition, the Petitioners inter-alia seeks the following relief :

"(b) This Hon'ble Court be pleased to direct the Respondent No.23, the State of Maharashtra to hear the Revision Application filed on 28.08.2020 (Exhibit 'P') expeditiously and further be stay to the effect, operation, implementation and/or execution of the order dated 21.8.2020 passed by the Respondent No.20 DDLR in Second Appeal No.4890 of 2019 during the pendency of said Revision Application and

2 / 3 15-IA-1683-2021.doc direct the authorities not to take any consequential steps during the interregnum period."

2. We therefore direct the Revenue Minister, State of Maharashtra (Respondent No.23) to hear the Revision Application filed by the Petitioner dated 28th August, 2020 (Exhibit 'P' to the Writ Petition) within a period of six weeks from today.

3. All contentions of the parties are kept open. It is clarified that the Petitioners shall be at liberty to move the Revenue Minister, State of Maharashtra (Respondent No.23) for adinterim/interim reliefs which application according to the Advocate is already filed before the Revenue Minister, State of Maharashtra (Respondent No.23). The same shall be decided within a period of two weeks from today. The above Writ Petition is accordingly disposed off." 2.

The Order dated 24th March, 2021, is not complied with by the Revenue Minister, State of Maharashtra (Respondent No. 23) i.e. he has not heard the Revision Application within a period of six weeks from 24th March, 2021. However, we are informed that Respondent No. 23 has heard Interim Application on 8th July, 2021. In view thereof, we pass the following Order :

i.

Respondent No. 23 shall pass his interim order within a period of one week from today.

3 / 3 15-IA-1683-2021.doc ii.

In the meantime, status quo as of today shall be maintained by all the parties as well as by the District Superintendent of Land Record, Pune and Deputy Superintendent of Land Record, Havali, Pune with respect to the Order dated 21st August, 2020 passed by Respondent No. 20 - Deputy Director of Land Record, Haveli, Yerwada, Pune in Appeal No. 4089 of 2018. iii.

If the Order passed by Respondent No. 23 is against the Petitioner / Applicant, the same shall not be implemented for a period of one week from the date of service of the same on the Advocate for the Petitioner / Applicant. iv.

The above Interim Application is accordingly disposed off. (MILIND N. JADHAV, J. ) ( S.J. KATHAWALLA, J. )