Shamsuddin Esmail Dhanse v. Yalkana Hanook Bhastekar Through Poa Akbar Husain Khot And ORS.

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

WRIT PETITION NO. 12058 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. J. M. Joshi i/b Rohit Joshi for the Petitioner. Mr. Sachin Kankal, AGP for the Respondent/State. CORAM : K. K. TATED, J.

DATED : 27/10/2016 P.C.:

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Heard learned Counsel for the parties.

The petition was adjourned from time-to-time at the request of learned AGP to take instructions from the Respondent within how much time they will decide the petitioner's Revision Application under Section 257 of Maharashtra Land Revenue Code, 1966 filed by them on 24.08.2015.

The learned AGP submits that they tried to contact the concerned Officer. He submits that the papers are lying with Principal Secretary of Revenue Department and he has not received any instructions.

In the present proceeding, the petitioner filed Revision Application under Section 257 of Maharashtra Land Revenue Code, 1966 on 24.08.2015 before the Hon'ble Revenue Minister, 1/3

Mantralaya challenging the Judgment and Order dated 18.03.2015 passed by the learned Additional Commissioner, Konkan Division, Mumbai in RTS Revision No. 4 of 2013. Thereafter, the petitioner written the letter dated 21.09.2016 to the Hon'ble Minister for fixing early date of hearing of revision application.

The learned counsel for the petitioner submits that till today the Respondent No.6 has not given any date for hearing. Hence, he preferred the present Writ Petition challenging the order passed by the Additional Commissioner, Konkan Division, Mumbai in RTS Appeal No. 160 of 2012. He submits that he received instructions from his client if the Revision Application is filed with Respondent No.6, if decided in particular time, they do not want to press the present Writ Petition.

Considering the submissions made by the learned counsel for the petitioner and as the petitioner's Revision application under Section 257 of the said Act is pending before the Respondent No.6 since August 2015, I am of the opinion that in the interest of justice, it is necessary to direct the Respondent No.6 to decide the petitioner's Revision Application as early as possible.

Hence, following order is passed:

a) Respondent No.6 to decide the 2/3

petitioner's Revision Application filed on 24.08.2015 under Section 257 of Maharashtra Land Revenue Code, 1966 as early as possible, but in any case on or before 28.02.2017.

b) Writ Petition stands disposed of with these directions.

c) Parties to act on authenticated copy of this order.

(K.K.TATED, J.) 3/3