Gauribai Bala Bhoir Decd Thru Lhrs And ORS v. Sonibai Baliram Patil And ORS

PMB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4258 OF 2021 Gauribai Bala Bhoir (since deceased) through L.Rs. and ors.

.. Petitioners vs.

Sonibai Baliram Patil and ors.

.. Respondents ---------------- Mr. Vijay V. Nene for the Petitioners.

Mr. Atul Damle, Senior Advocate a/w Mr. Vikrant Zunjarrao, Mr. Abhishek Adke, Jyoti R. I/b. Zunjarrao and Co. for Respondent No.19.

Mr. S.D. Rayrikar, AGP for the State-Respondent No.20. Mr. Shrikrishna B. Pawar, Under Secretary, Revenue Department, Mantralaya, Mumbai present.

---------------- CORAM : M.S.KARNIK, J.

DATE : AUGUST 18, 2021 P.C.

Heard learned counsel for the parties.

2.

Learned counsel for the Petitioners states that a copy of the Petition has been served on the contesting Respondent Nos.17 and 18 who are the Revision Applicants before the Hon'ble Minister. Mr. Damle, learned Senior Advocate appears on behalf of the Intervener. It is the contention of Mr. Damle that the Respondent Nos.17 and 18 are the predecessors in title of the intervener from whom the interverner has purchased the property. The Respondent Nos.17 and 18 may not be interested in contesting the Petition or Revision and therefore, it is his submission that it is only the

intervener who is now interested in prosecuting the Revision Applicantion before the Hon'ble Minister. The Petitioners undertake to fle an afdavit of having served the Respondent Nos.17 and 18 by 20.08.2021. The statement of the learned counsel for the Petitioners that the Respondent Nos.17 and 18 are served with a private notice is accepted.

3.

It is the contention of learned counsel for the Petitioners that the Hon'ble Minister has allowed the Revision without deciding the application for condonation of delay fled by the Revision Applicants. Learned AGP was called upon to take instructions if the application for condonation of delay in fact was fled and whether appropriate orders thereon have been passed condoning the delay or otherwise. The concerned Ofcer is present who submits that the condonation of delay application for condoning the delay in fling the Revision was in fact fled and no order thereon is passed. The Revision has been dealt with on merits. In this view of the matter, the impugned order will have to be set aside. 4.

The present Writ Petition is disposed of in terms of the following order :-

O R D E R

(i) The impugned order is set aside.

(ii) The application for condonation of delay as well as the Revision be decided on its own merits and in accordance with law.

(iii) The intervener is at liberty to make an appropriate application for transposing himself as Revision Applicants before the Hon'ble Minister which application be considered on its own merits.

(iv) The Hon'ble Minister is requested to decide the Revision expeditiously.

(v) The Mutation Entry No.1136 which is already efected pursuant to the order passed by the Hon'ble Minister not to be given efect to till the decision in the Revision. (vi) The parties to appear before the Hon'ble Minister on 27.08.2021 at 3.00 p.m. All contentions are kept open. 5.

The Writ Petition is disposed of.

(M.S.KARNIK, J.) Digitally signed by PRADNYA MAKARAND BHOGALE Date:

2021.08.18 19:42:29 +0530 PRADNYA MAKARAND BHOGALE