Pradip Balraj Bhagwat And ANR. v. Authorised Chief Settlement Commissioner M.S. And ANR.

rsk 1/2 18-WP-10349-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10349 OF 2018 Pradip Balraj Bhagwat and Anr.

...Petitioners

vs.

Authorized Chief Settlement Commissioner M.S. and Anr.

...Respondents

---- Ms. Minal J. Chandnani for the Petitioners.

None for the Respondentd.

---- CORAM : B. P. DHARMADHIKARI & REVATI MOHITE DERE, JJ.

DATE : 04/02/2019.

P.C.:

.

This Court has issued notice in the matter on 18/9/2018 and we have noticed further that no reply has been filed till date. Grievance of the petitioner is Review Petition No.6/2008 filed before Respondent No.1 is pending even today without any orders. Learned counsel for the petitioner fairly invited our attention to the fact that enactment viz., Displaced Persons (Compensation & Rehabilitation) Act, 1954 is already repealed but, as per the order dated 28/4/2014 passed by the Hon'ble Apex Court pending matters can be decided by authorities. Prayer is therefore to direct respondent No.1 to decide the review in time bound manner. 2.

As reply is not filed, it is not very clear whether review petition is still pending. It is also not clear whether the enactment mentioned supra permits filing of review after revision is decided. 3.

However, as matter has remained pending before this Court

rsk 2/2 18-WP-10349-18.doc for last more than 4 months we are inclined to keep all these questions open. Respondent No.1 can examine the same and pass suitable orders. 4.

Accordingly, we direct respondent No.1 to take decision on pending application as per law within a period of 3 months after communication of this order. The petition is partly allowed and disposed of. No costs.

(REVATI MOHITE DERE, J.) (B. P. DHARMADHIKARI, J.)