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Bombay High CourtWP/2404/2022disposed off

Radhika Ramchandra Churi v. Suresh Janardan Patil

2022-10-18Hon'Ble Shri Justice Sandeep Kashinath Shinde3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2404 OF 2022 Radhika Ramchandra Churi .....Petitioner.

V/s.

Suresh Janardan Patil ....Respondent ----- Mr.Jayesh M. Joshi, Advocate for the Petitioner. Ms Vrishali R. Raje, Advocate for the Respondent. CORAM : SANDEEP K. SHINDE, J.

TUESDAY, 18TH OCTOBER, 2022.

P.C. :

1.

This petition under Article 227 of the Constitution of India questions the legality of the Order dated 3.12.2019 in Revision No.356/2019 passed by the learned President, Maharashtra Revenue Tribunal, Mumbai, by which the Order dated 02.08.2018 passed by Tahsildar/A.L.T., Palghar and the Order dated 14.2.2019 passed by the Sub-Divisional Officer, Palghar in Tenancy Appeal No.12/2018 were quashed and set aside. It is apparent from the Order dated 2.8.2018 passed by the Tahsildar/A.L.T. and the Order passed by the Sub-Divisional Officer in Tenancy Appeal No.12/2018,

2/3 that the finding has not been recorded on issue, as to whether the original applicant Mrs.Radhika Ramchandra Churi was a tenant in the suit land, Gat no.140, old survey no.55/1, Taluka- Palghar. Thus, for want of finding on this core issue, the authorities could not have proceeded to decide the purchase price sought to be fixed by Mrs. Radhika Ramchandra Churi- the original applicant. 2.

In consideration of facts above, learned Counsel for the parties would urge that the parties may be relegated to the Tahsildar/A.L.T. for decision in the Application No.Tenancy/ 32-G/S.R.-20/2014 afresh, in accordance with law. 3.

In that view of the matter, the impugned the Order is set aside and parties to the petition are relegated to the Tahsildar/A.L.T., Palghar, for decision in the tenancy application afresh in accordance with law. Thus, following order is passed. a) The petition is allowed and disposed of.

b) The parties shall appear before the Tahsildar/A.L.T. on 25.11.2022.

3/3 c) It is clarified that both the parties are at liberty to adduce the evidence in support of their respective contentions.

d) The Tahasildar/A.L.T. Palghar shall decide Tenancy application expeditiously.

4.

Petition is disposed of in above terms.

(SANDEEP K. SHINDE, J.)