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Bombay High CourtWP/7507/2014disposed off

Barku Govind Walve And ORS v. The State Of Maharashtra And ORS

2017-08-04Hon'Ble Shri Justice K.K. Tated3 pages

Yadav VG 1 902.wp.7507.14.odt.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPEALLATE JURISDICTION WRIT PETITION NO. 7507 of 2014 Barku Govind Walve & Ors. ..Vs.. The State of Maharashtra & Ors. Office Notes, Office Memorandam of appearances, Court's orders or directions & Registrar's orders.

Court's or Judge's orders Mr. Saurabh Railkar for Petitioners.

Mr. S. H. Kankal, AGP for Respondent No.1.

Mr. Pramod N. Joshi for Respondent Nos.2 to 4.

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CORAM

: K. K. TATED, J.

DATE : AUGUST 04, 2017.

P.C. :

.

Heard learned Counsel for parties.

2.

The learned Counsel for Petitioners and Respondent Nos. 2 to 4 filed Minutes of order dated 4th August, 2017. Same is taken on record and marked "X" for identification.

The same read thus :

"MINUTES OF ORDER Rule.

Rule made returnable forthwith.

Upon hearing the Advocates for both the parties following order is passed :

(1) All the parties are directed to remain present before the Additional Collector, Nashik

Yadav VG 2 902.wp.7507.14.odt. on 4.9.2017 for fixing the date of hearing. The parties will not pray for any adjournments unless absolutely necessary.

(2) The Additional Collector, Nashik is directed to consider afresh, the report of the learned Sub Divisional Officer, dated 14.07.2010. Both the parties are at liberty to make their oral and documentary submissions in respect of corrections and/or legality and validity regarding the report of the Sub Divisional Officer dated 14.07.2010.

(3) The Additional Collector, Nashik is directed to complete the report within a period of three months from the date on which the parties are directed to appear before the Additional Collector, Nashik.

(4) The Additional Collector, Nashik is directed to pass the reasoned order, afresh within a period of 30 days from the date on which the hearing as contemplated in clause 3 above is completed.

(5) The Additional Collector, Nashik, thereafter is directed to submit the report to the State Government within a period of 15 days after passing of his order and also provide copies of the same to both the parties.

(6) The State Government/Hon'ble

Yadav VG 3 902.wp.7507.14.odt. Minister (Revenue) Mumbai is directed to take decision, within a period of 6 months from the date of receipt of the report from the Additional Collector, Nashik, after serving the Petitioners and the contesting respondents by issuing appropriate Registered Notices and give them a fair hearing.

(7) In case the Order of the State Government/Hon'ble Minister (Revenue) Mumbai is adverse to either of parties, the same will be stayed for a period of 8 weeks from the date of the passing of the same.

(8) All the contesting parties are directed to remain present for the hearing before the Additional Collector, Nashik as well as before the State Government.

(9) The parties are directed to maintain status quo as regards the possession.

(10) Rule is accordingly made absolute. No order as to cost.

(11) All concerned to act on the authenticated copy of the order."

3.

Writ Petition stand disposed of in terms of Minutes of order.

(K.K.TATED, J.)