Hajrabanu Abdul Sakur Chaudhari And ORS v. The Additional Tahsildar , Alt, Pimpri-Chinchwad City And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11321 OF 2023 Hajrabanu Abdul Sakur Chaudhari & Anr.

.. Petitioners

Versus

The Additional Tahasildar & Ors.

.. Respondents Mr.Nitin Deshpande, Advocate for the Petitioners. by UTKARSH KAKASAHEB BHALERAO Date:

2024.03.20 15:41:17 +0530 UTKARSH KAKASAHEB BHALERAO Mr.A.I. Patel, Addl.G.P. a/w R.S. Pawar, AGP for State/Respondent.

CORAM:

B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE : MARCH 19, 2024 P. C.

1.

The above Writ Petition is filed seeking the following reliefs:- "(a) this Hon'ble Court may, by way of Writ of Prohibition or any other writ, order or direction in the nature of writ of prohibit, prohibit the Additional Tahsildar, ALT, Pimpri Chinchwad, Tal. Haveli, Dist. Pune from proceeding with the Notice dated 21.07.2023 bearing No.Tenance Act/Review/SR/10/2023.

(b) this Hon'ble Court may quash and set aside the notice bearing No.Tenance Act/Review/SR/10/2023. dated 21.07.2023 issued by the Additional Tahsildar, ALT, Pimpri Chinchwad, Tal. Haveli, Dist. Pune"

2.

Despite these prayers, the learned counsel appearing on behalf of the Petitioner fairly stated that he would participate in the review proceedings before the Additional Tahsildar, ALT, Pimpri Chinchwad, Taluka Haveli, District Pune bearing No. Tenancy Act/Review/SR/10/2023. He however submitted that in the event any order is passed by the said Additional Tahsildar (in the review proceedings) which is adverse to the Petitioner, the same ought not to be given effect to for a period of 3 weeks from the date of communication of the said order to the Petitioner. 3.

Having heard the learned counsel for the Petitioner we find that this request is a fair and reasonable one in the facts of the present case. Initially the Additional Tahsildar, ALT, Pimpri Chinchwad, Taluka Haveli, District Pune, had passed an order in favour of the Petitioner. That order is sought to be reviewed in the proceedings mentioned above. Since these are the peculiar facts of the present case, we direct

that the Petitioner shall participate in the review proceedings before the Additional Tahsildar and if the order passed by the Additional Tahsildar is adverse to the Petitioner, the same shall not be given effect to for a period of 3 weeks from the date when the said order is communicated to the Petitioner.

4.

The Writ Petition is disposed of in the aforesaid terms. However there shall be no order as to costs. We may hasten to add that we have not opined on the merits of the review proceedings one way or the other and the same shall be decided on its own merits and in accordance with law.

5.

Personal Assistant of this Court. All concerned will act on production by [SOMASEKHAR SUNDARESAN,J.] [B. P. COLABAWALLA, J.]