Balvirsingh Motiram Panjabi v. Champalal Abirchand Parakh (Since Decd) Through Lrs. And ORS.

dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3672 OF 2016 Balvirsingh Motiram Panjabi

...Petitioner

vs Champalal Abirchand Parakh since deceased through legal heirs & Ors.

...Respondents

.....

Mr Vivek V. Salunke for the Petitioner.

Mr Tushar N. Sonawane for Respondent No.2.

Mr S.D.Rayrikar AGP for the Respondents/State. .....

CORAM : R.D.DHANUKA, J.

APRIL 16, 2018.

P.C. :

Mr Rayrikar, learned AGP for Respondent Nos.3 to 5 points out that an alternate remedy to the impugned order dated 25th February, 2015 is available to the Petitioner, which is subject matter of this Writ Petition. Learned advocate for the Petitioner seeks liberty to withdraw the Writ Petition with liberty to file a revision application under Section 257 of the Maharashtra Land Revenue Code, 1966 before the State Government. The Pg 1 of 3

statement is accepted. The Revision Application shall be filed within two weeks from today and a copy of the same shall be served on respondent Nos.1A to 1D. If any such Revision Application is filed within two weeks from today the concerned authorities shall dispose of such revision application within a period of three months from the date of the first meeting. It is made clear that if within a period of two weeks from today, no such Revision Application is filed, the interim protection granted by this Court shall stand vacated without further reference to the Court. Learned advocate for Respondent Nos.1A to 1D states that he will file Vakalatnama on behalf of Respondent Nos.1A to 1D. The statement is accepted.

Respondent Nos.1A to 1D shall not implement the impugned order during the pendency of the Revision Application before the State Government and for a period of two weeks thereafter from the date of communication of the said order if the same is adverse against the Petitioner. The Petitioner shall not seek any adjournment before the State Government in the said Revision Application. The Petitioner Pg 2 of 3

shall not create any third party rights in respect of the property in question during the pendency of the said Revision Application and for a period of two weeks thereafter from the date of communication of the said order. On 3rd May, 2018 at 3.00 p.m. the Petitioner as well as Respondent Nos.1A to 1D shall appear before the Revisional Authority.

The Writ Petition is disposed of as withdrawn with aforesaid directions.

No order as to costs.

( R.D.DHANUKA, J.) Pg 3 of 3