Shri. Suresh Madhukar Kalyani And ANR v. Deputy Superintendant Of Land Records, Barshi And ORS

Shiv 1 w6899.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6899 OF 2014 Suresh Madhukar Kalyani & Anr.

.. Petitioners.

Vs.

Deputy Superintendent of Land Records and Others .. Respondents.

Mr.Ashutosh M. Kulkarni for the Petitioners.

Mrs.M.P. Thakur AGP for the Respondent Nos.1 to 3. CORAM : A.S. OKA & A.K. MENON, JJ.

DATED : 18TH FEBRUARY, 2015 P.C.

1.

Learned counsel appearing for the petitioners has placed on record a copy of the order dated 9th December, 2014 passed by the Deputy Superintendent of the Land Records, Barshi, by which the appeal preferred by the petitioners has been allowed. Thereafter, the petitioner has deposited the survey fee on 8th January, 2015. The learned counsel appearing for the petitioners states that there was a delay in payment/deposit of survey fee as the order dated 9th December, 2014 was never communicated to the petitioners. He pointed out that the petitioners became aware of the said order when information was furnished to the petitioners on 26th December, 2014 under the Right to Information Act, 2005.

2.

In view of the order dated 9th December, 2014, the petition has worked itself out. We make it clear that further steps

2 w6899.14 will have to be taken on the basis of the said order dated 9th December, 2014 by treating the deposit of the amount made by the petitioner on 8th January, 2015 as the legal and valid. 3.

The survey shall be carried out in terms of the order dated 9th December, 2014 as expeditiously as possible and preferably before the end of May 2015.

4.

The petition is disposed of in the above terms. (A.K. MENON, J.) (A.S. OKA, J.)