Shri. Dhondibhau Dattu Damale And ORS v. State Of Maharashtra, Through Collector Pune And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8673 OF 2013 Dhondibhau Dattu Damale & Ors.

.. Petitioners Vs.

State of Maharashtra & Ors.

.. Respondents --- Mr.Vijay Patil i/by Mr.Kalpesh U. Patil for the petitioners. Mr.S.H.Kankal, AGP for the respondent no.1-State. Mr.Sandesh Patil i/by Ms.Shakuntala Wadekar for the respondent no.2. --- CORAM : R.D. DHANUKA, J.

DATE : 12th June 2018 P.C.:

.

Leave to amend is granted to the petitioner in terms of the draft amendment handed in. Amendment to be carried out within one week from today.

2.

It is not in dispute that the revision application filed by the petitioners against the impugned order which is the subject matter of this petition is still pending before the learned Minister (Revenue). The respondent no.2 to this petition is also a party to the said revision application. The interest of justice would be met with if the said revision application is heard expeditiously.

3.

Learned Minister (Revenue) shall make an endeavour to dispose of the Revision Application No.4366 of 2013 filed on 23rd July 2013 and annexed at Exhibit 'G' to the petition within a period of two months from the date of the first meeting. If the respondent no.2 or any other respondent wants to file affidavit-in-reply to the said revision

ppn 2 5.wp-8673.13.doc application before the learned Minister (Revenue), such affidavit shall be filed within two weeks from today and a copy thereof shall be served upon the petitioner's advocate simultaneously. Rejoinder, if any, shall be filed within one week from the date of service of affidavit-in-reply and a copy thereof shall be served upon the respondents' advocate to the said revision application simultaneously. The revision application is pending since 2013.

4.

The petitioner is at liberty to make an application for amendment to the revision application before the learned Minister (Revenue). If any such application is filed, the same shall be considered on its own merits.

5.

Parties are directed to appear before the learned Minister (Revenue) on 18th July 2018 at 3.00 p.m. None of the parties shall seek adjournment before the learned Minister (Revenue). It is made clear that this Court has not expressed any views on merits of matter. All the contentions of both the parties are kept open. Ad-interim relief granted by this Court on 24th September 2013 and continued from time to time to continue till disposal of the said revision application and for a period of three weeks thereafter from the date communication of the said order. 6.

Writ petition is disposed of in aforesaid terms. No order as to costs.

R.D. DHANUKA, J.