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Bombay High CourtWP/637/2017dismissed

Shri Shankar Ramchandra Choudhari (Since Decd) Lrs. v. Shri Nivrutti Sopan Chondhe (Since Decd) Through Lrs.

2017-01-05Hon'Ble Shri Justice R.M. Savant.2 pages

(30)-WPST-25152-16.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION STAMP NO.25152 OF 2016 Shri. Shankar Ramchandra Choudhari (Since deceased through his legal heirs) Ram Shankar Choudhari and others ..Petitioners

Versus

Shri. Nivrutti Sopan Chondhe Since deceased through legal heirs Smt. Shewantabai Nivrutti Chondhe and others ..Respondents Mr. N. P. Deshpande for the Petitioners.

CORAM : R. M. SAVANT, J.

DATE : 5th JANUARY, 2017 P.C.

The order dated 13.08.2009 and the order dated 19.07.2016 passed by the Learned Member of the Maharashtra Revenue Tribunal, Pune Bench, Pune, is taken exception to by way of the above Petition. In so far as the order dated 13.08.2009 is concerned, by the said order, the Learned Member of the Maharashtra Revenue Tribunal dismissed the Revision filed by the Petitioner against the order dated 30.09.1973 passed by the Sub Divisional Officer. By the said order dated 30.09.1973, the Sub Divisional Officer had remanded the matter back to the Agricultural Lands Tribunal and Tahsildar, Mulshi for a de-novo consideration of the issue whether the tenant was entitled to a declaration of protected tenant under Section 32-G of the Bombay Tenancy & Agricultural Lands Act. The BGP.

(30)-WPST-25152-16.doc.

Maharashtra Revenue Tribunal having regard to the nature of the order passed by the Sub Divisional Officer as also having regard to the fact that there is a delay of about 27 years in challenging the order passed by the Sub Divisional Officer, dismissed the Revision filed by the Petitioner. The Petitioner thereafter filed a Review being Review Application No.P/1A/C/2009 before the Maharashtra Revenue Tribunal seeking review of the order dated 13.08.2009. The said Review Application came to be dismissed on the ground that no case for review was made out. In my view, having regard to the reasons mentioned in both the orders, no case for interference in the writ jurisdiction of this Court is made out. The Writ Petition is accordingly dismissed.

However, the ALT & Tahsildar, Mulshi, is directed to conclude the proceedings on remand expeditiously and not later than 31.07.2017. [R.M.SAVANT, J] BGP.