Babban Mukund Dhandore v. The State Of Maharashra Thr The Collector Solapur And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 491 OF 2024 LAXMI SUBHASH SONTAKKE Babban M. Dhandore .. Petitioner

Versus

LAXMI SUBHASH SONTAKKE Date: 2024.01.20 11:21:35 +0530 The State of Maharashtra & Ors.

.. Respondents Mr. Vighnesh Kamat i/b. Prabhakar Jadhav for the Petitioner. Mr. A. I. Patel, Addl.GP a/w. R. S. Pawar, AGP for Respondent Nos. 1 to 3.

Mr. Mandar Bagkar for Respondent No.4.

CORAM

: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE : JANUARY 17, 2024 P. C.

1.

The learned Advocate appearing for the Petitioner sought leave to correct a typographical mistake in the prayers in the above Writ Petition. He submitted that in prayer clause (a), the words "RTS Appeal No. 126 of 2023" should be substituted with the words "RTS No. 126 of 2021". Similarly, in prayer clause (b), the words "RTS No. 126 of 202" should be substituted with the words "RTS No 126 of 2021". Considering that this is a pre-admission

amendment, we permit the Petitioner to amend the prayer clauses forthwith in front of the Associate. Re-verification is dispensed with. 2.

Mr. Bagkar appears on behalf of Respondent No.4 and undertakes to file his Vakalatnama within a period of one week from today. The said undertaking is accepted.

3.

The only relief sought in the above Writ Petition is a direction to Respondent No.2 to decide the second RTS Appeal No. 126 of 2021 filed by Respondent No.4 in a time bound manner. It is the case of the Petitioner that the matter has been fully argued before Respondent No.2, and in fact, parties have even submitted their written submissions as bar back as on 5th May, 2022. Despite this, no order has been passed in the said Appeal. 4.

Considering these peculiar circumstances, we dispose of the above Writ petition by requesting the Respondent No.2 to pass his order in RTS Appeal No. 126 of 2021 as expeditiously as possible, and in any event, within a period of six weeks from today.

5.

In the event the Officer who has heard the said Appeal is no longer holding the said post, the new officer shall hear the parties again and pass an order in the said Appeal within a period of twelve weeks from today.

6.

The Writ Petition is disposed of in the aforesaid terms. No order as to costs.

7.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or [ SOMASEKHAR SUNDARESAN, J.] [ B. P. COLABAWALLA, J.]