Ramchandra Hari Adhari And ORS v. Maharashtra Revenue Tribunal Pune Division Pune And ORS

Neeta Sawant 1/3 8-WP-12400-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12400 OF 2022 Ramchandra Hari Adhari and Ors.

...Petitioners

V/s.

Maharashtra Revenue Tribunal, Pune Division, Pune and Ors.

..Respondents --- Mr. Vanraj Shinde, for the Petitioners.

Mrs. V.S. Nimbalkar, AGP for State-Respondent Nos. 1 to 3. Mr. Prathamesh B. Bhargude, for Respondent Nos. 4 to 8. Mr. Manoj A. Patil, for Respondent No. 9.

CORAM : SANDEEP V. MARNE, J.

Dated : 16 October 2023.

P.C. :

1.

Heard learned counsel for the parties.

2.

The challenge in the present petition is to the order dated 11 May 2022 passed by the Maharashtra Revenue Tribunal, Pune by which the Revision Application filed by the Respondents has been allowed and the orders passed by the Sub-Divisional

Neeta Sawant 2/3 8-WP-12400-2022.doc Officer and Tehsildar/Agricultural Lands Tribunal has been set aside.

3.

After hearing the learned counsels appearing for the parties and on perusal of the order passed by the Tribunal as well as the rojnama, it appears that the proceedings have been decided by the Tribunal without hearing the Petitioner or his Advocate. Though the Tribunal cannot be entirely faulted for proceeding to decide the Revision in absence of petitioner, considering the nature of proceedings, it would be appropriate that the Petitioner is granted an opportunity of defending the Revision Application before the Tribunal. Therefore, instead of determining the correctness of the order dated 11 May 2022, it would be appropriate to remand Revision Application No.7/2019 before the Maharashtra Revenue Tribunal for fresh decision. 4.

Accordingly, order dated 11 May 2022 passed by the Maharashtra Revenue Tribunal in Revision Application No.7/2019 is set aside. Revision Application No. 7/2019 is restored on the file of the Maharashtra Revenue Tribunal, which shall proceed to decide the same in an expeditious manner by grant of opportunity of hearing to all the parties. Parties shall appear before the Tribunal on 1 November 2023.

Neeta Sawant 3/3 8-WP-12400-2022.doc 5.

It is clarified that, all contentions of the parties on merits are kept open and that this Court has not considered the same.

6.

Till the disposal of the Revision application by the Tribunal, both the parties shall maintain status-quo with regard to the property in question.

7.

With the above directions, the petition is disposed of. NEETA SHAILESH SAWANT SANDEEP V. MARNE, J.

NEETA SHAILESH SAWANT Date: 2023.10.17 15:57:47 +0530