Hema Mansharam Mulchandani v. State Of Maharashtra Through The Deputy Director Of Land Records, Pune Division

Sandeep Chitnis Date: 2018.09.05 15:03:30 +0530 Nisha Sandeep Chitnis 1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO.8090 OF 2018 Hema Mansharam Mulchandani Through her POA Holder Sheetal Tejwani

...Petitioner

Versus

State of Maharashtra and Ors.

...Respondents

Mr.Tejas Deshmukh a/w Mr.S.M.Kursija, for the Petitioner. Mr.S.D.Rayarikar, A.G.P for the Respondent No.1. Mr.Y.S.Jahagirdar, Senior Counsel a/w Mr.S.S.Kanetkar, for the Respondent Nos.2 and 3.

CORAM : REVATI MOHITE DERE, J.

DATE : 3rd SEPTEMBER, 2018 P.C. :

1.

Learned Counsel for the Petitioner, on instructions of the Petitioner, makes a statement that the Petitioner will withdraw all allegations of bias, as against the Deputy Director of Land Records, Pune Division, Pune. Learned Counsel for the Petitioner, also states on instructions, that the Petitioner will not press the applications filed by her before the Hon'ble Settlement Commissioner of Land Records, Pune

2/3 Division, Pune, as well as the Deputy Director of Land Records, Pune Division, Pune, seeking transfer of the case. Learned Counsel for the Petitioner submits that appropriate steps would be taken to withdraw both the applications filed by the Petitioner, before the said authorities. Statement accepted.

2.

Both, learned counsel for the Petitioner and the learned Senior Counsel for the Respondent Nos.2 and 3, have no objection if the impugned order dated 8th May, 2018, passed by the Deputy Director of Land Records, Pune Division, Pune, is quashed and set aside. 3.

Accordingly, the impugned order dated 8th May, 2018, passed by the Deputy Director of Land Records, Pune Division, Pune, is quashed and set aside and the Stay Application filed by the Respondent Nos.2 and 3 is restored back to its original file. The Deputy Director of Land Records, Pune Division, Pune, shall pass appropriate orders on the stay application, on its own merits, after hearing the parties. 4.

Both the Petitioner and the Respondent Nos.2 and 3 to appear

3/3 before the Deputy Director of Land Records, Pune Division, Pune, on 25th September, 2018, at 11.00 a.m., after which the Deputy Director of Land Records will give dates convenient to him. 5.

The Petition is allowed in the aforesaid terms and is accordingly disposed of. All contentions of both the parties (except of bias) are kept open.

6.

All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)