Anandrao Shankar Babar And ORS v. Ld. Tahsildar Baramati And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13945 OF 2022 Anandrao Shankar Babar & Ors.

...Petitioners

Versus

Ld. Tahsildar Baramati & Anr.

...Respondents

---- Mr.S.C. Wakankar for the Petitioners.

Mr.V.S. Gokhale, for 'B' Panel-Respondent-State. ---- CORAM : R.D. DHANUKA & NILAM SANTOSH KAMBLE NILAM SANTOSH KAMBLE Date: 2022.12.07 14:21:30 +0530 S.G. DIGE, JJ.

DATE : 24 NOVEMBER 2022 P.C:- .

Rule. Mr.V.S. Gokhale, the learned counsel waives service for all Respondents. Rule made returnable forthwith. 2.

Heard finally by consent of the parties.

3.

By this Petition filed under Article 226 of the Constitution of India, the Petitioners seeks order against Respondent No.1 to forthwith decide and take action on the Application/Representation dated 9 April 2018 and 4 August 2022 submitted by the Petitioners.

N.S. Kamble page 1 of 3

4.

Mr.S.C. Wakankar, the learned counsel for the Petitioners at this stage presses the relief by way of Writ of mandamus against the Respondents to decide the Application/Representation dated 19 April 2018 and 4 August 2022. The statement is accepted.

5.

The Respondent No.1 is directed to decide the said Application/Representation dated 9 April 2018 and 4 August 2022 within eight weeks from today after granting hearing to the Petitioners. The orders that would be passed by the Respondent No.1 shall be communicated to the Petitioners within one week from the date of passing of the order.

6.

This Court has not expressed any opinion on merits of the Application/representation of the Petitioners. 7.

All contentions of the parties on merits are kept open. 8.

The Writ Petition is disposed of in the aforesaid terms.

9.

Rule is made absolute. No order as to costs.

10.

It is made clear that if the Application/Representation of the Petitioner is allowed, all consequential benefit permissible N.S. Kamble page 2 of 3

in law and as per entitlement of the Petitioners be granted within six weeks from the date of passing of the order. If the Application/Representation are rejected by the Respondent No.1, the Petitioner is at liberty to file appropriate proceedings in accordance with law.

11.

At this stage, the learned counsel for the Petitioners states that his client would appear before the Respondent No.1 on 2 December 2022 along with copy of this order and the additional documents if any they propose to rely upon before the Respondent No.1 on the date of the hearing. Statement is accepted.

12.

Mr.Gokhale, the learned AGP for the RespondentState shall communicate this order to the Respondent No.1 for information and compliance.

(S.G. DIGE, J.) (R.D. DHANUKA, J.) N.S. Kamble page 3 of 3