Indian Church Trustees Thr. Manager Bombay Diocesan Trust Asso. v. The Honorable Revenue Minister State Of Maha. And ORS

2023:BHC-AS:20437 61 wp 15484 of 2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.15484 OF 2022 Indian Chruch Trustees ...

Petitioner versus The Hon'ble Revenue Minister and Ors.

...

Respondents Mr. S.C.Wakankar, for Petitioner.

Mr. P.P.Pujari, AGP for State.

CORAM:

N.J.JAMADAR, J.

DATE :

20 JULY 2023 P.C.

1.

Heard the learned Counsel for the parties.

2.

The Petitioner assails the order dated 4 April 2022 passed by the Minister (Revenue) in Review Petition No.KramankJamin 3513/123/Pra.Kra./47/J5A, whereby the Minister has granted interim stay to the implementation of an earlier order passed in Revision Application No.KramankJamin 3513/123/Pra.Kra./47/J-5A whereby the authorities were directed to take appropriate action in terms of the observations contained in the said order for development of the subject property. 3.

Since the said order dated 14 December 2018 was not given effect to within a reasonable period, the Petitioner preferred Writ Petition No.1912 of 2022. In the meanwhile, the Petitioner asserts without any notice to the Petitioner, review application seems to have been preferred and without providing an opportunity of hearing, the impugned order staying operation of the order dated 14 December 2018 SSP 1/2

61 wp 15484 of 2022.doc came to be passed.

4.

Since the challenge in this Petition is to an interim order, it may be appropriate that the Review Petition itself is expeditiously heard and decided by the State Government.

5.

The learned Counsel for the Petitioner urged that the review is not tenable.

6.

It would be open for the Petitioner to raise all the objections including as to the maintainability of the Review Petition before the State Government. 7.

As the order dated 14 December 2018 was passed by the State Government pursuant to the directions issued by this Court dated 25 October 2016 in Writ Petition No.12283 of 2016 making the proceedings before the State Government time bound, it would be expedient to direct that the Review Application be decided within a period of three months from the date scheduled for the appearance of the parties.

8.

The parties shall appear before the State Government in Review Petition No.KramankJamin 3513/123/Pra.Kra./47/J-5A on 7 August 2023. 9.

All contentions of all the parties are kept open for consideration including the maintainability of the Review Petition. 10.

The Writ Petition accordingly stands disposed. ( N.J.JAMADAR, J. ) SSP 2/2