Shankar N. Patil And ORS v. The State Of Maharashtra Thr. Minister For Revenue And Forest Dept. And ORS

SWAROOP SHARAD PHADKE by SWAROOP SHARAD PHADKE Date: 2021.08.25 19:52:08 +0530 1 / 2 27-WP-3766-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3766 OF 2021 Shankar N. Patil and others ...

Petitioners

Versus

The State of Maharashtra and others ...

Respondents .........

Mr. S.P. Chavan for the Petitioners.

Mr. Rajan Pawar, AGP for the State-Respondent Nos.1 to 4. Mr. P.D. Pise for Respondent No.5.

.........

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

DATED : AUGUST 25, 2021.

P.C. :- 1.

By the above Writ Petition, the Petitioners seek the following reliefs : (a) That by an Order of this Hon'ble Court, a Writ of Mandamus or any other Writ in the nature of Mandamus directing the Respondent No.1 to decide the RTS Appeal No.10 of 2020 in accordance with law within a time bound manner.

(b) That by an Order of this Hon'ble Court, pending the hearing and final disposal of the RTS Appeal No.10 of 2020, the Respondents be restrained from executing any Mutation Entry and disturbing the peaceful possession of the Petitioners in respect with said properties.

(c) That by an Order of this Hon'ble Court, the records and proceedings of RTS Appeal No.10 of 2020 be called from the office of the Respondent No.1. (d) That by an Order of this Hon'ble Court, after perusal of the same this Hon'ble Court be pleased to quash and set aside the impugned Mutation Entry No.2220 dated 28 th June, 2021 in respect with the said properties. Kanchan P Dhuri

2 / 2 27-WP-3766-2021.odt 2.

The Learned Advocate appearing for Respondent Nos.1 to 4 on instructions states that R.

T.S. Appeal No.10 of 2020 shall be decided within a period of 12 weeks from today. The statement is accepted as an undertaking given to the Court. All contentions of the parties are kept open.

3.

Pending the hearing and final disposal of the RTS Appeal No.10 of 2020 and for a period of two weeks thereafter, no further steps shall be taken pursuant to the mutation entry impugned by way of the above Petition. 4.

The above Writ Petition is accordingly disposed off. ( MILIND N. JADHAV, J. ) ( S.J. KATHAWALLA, J. ) Kanchan P Dhuri