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Bombay High CourtCP/209/2023disposed off

Parshu Barku Patil @ Parsu Barku Divade (Dec.) Thr. Lrs. Moru Barku Patil, Thr. Poa. S. P. Divade v. The State Of Maharashtra Principal Secretary Revenue And Forest Dept. And ORS.

2023-04-28Hon'Ble Shri Justice N. J. Jamadar2 pages

10-CP209-2023.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 209 OF 2023 SANTOSH SUBHASH KULKARNI Parshu Barku Patil @ Parsu Barku Divade (Deceased) through LRs.

...Petitioners

Versus

The State of Maharashtra, Principal Secretary, Revenue and Forest Dept. & ors.

...Respondents

SANTOSH SUBHASH KULKARNI Date: 2023.05.02 12:28:51 +0530 Ms. Manjiri Parasnis, for the Petitioners.

Mr. S. D. Rayrikar, AGP for the State.

Ms. Komal Gosavi, for Respondent Nos.5A to 18.

CORAM:

N. J. JAMADAR, J.

DATED :

28th APRIL, 2023 PC:- 1.

Heard the learned Counsel for the petitioners. 2.

This petition is preferred to initiate action for contempt of the order passed by this Court dated 24th July, 2019 in Writ Petition No.8429 of 2017. By the said order, this Court had upheld the order passed by the State Minister in RTS Revision No.214/2012, directing the Revenue Authorities to mutate the name of Sambu Jhurya Patil and his legal representatives in accordance with Mutation Entry No.26 in the record of right of the agricultural land bearing Survey No.81/30 situated at Mauje Savroli, Taluka Khalapur, District Raigad. 1/2

10-CP209-2023.DOC 3.

The grievance of the petitioners is that initially ME No.2625 was mutated pursuant to the aforesaid order. However on the basis of an application preferred by the respondents, by an order dated 30th May, 2022, the Tahsildar, Khalapur has cancelled the said mutation entry.

4.

The order passed by the Tahsildar, Raigad dated 21st May, 2022 is stated to have been challenged in appeal by the petitioners before the Sub-Divisional Officer. The legality of the said order can be examined and, if required, corrected in appeal. 5.

There is no prima facie case of contempt.

6.

Hence, the petition stands disposed.

[N. J. JAMADAR, J.] 2/2