Shri. Damodar Raghunath Patil Decd Thru Legal Heirs v. State Of Maharashtra Thru Hon'Ble Revenue Minister And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10828 OF 2018 Shri Damodar Raghunath Patil and Anr.

... Petitioners V/s.

State of Maharashtra and Ors.

... Respondents Mr. Ganesh Bhujbal I/b. Mr. Pradeep H. Patole for the Petitioners. Mr. Y.S. Khochare, AGP for the Respondents.

CORAM :

A.S.OKA AND M.S. SONAK, JJ.

Digitally signed by Pallavi Mahendra Wargaonkar Date:

2018.10.05 17:13:33 +0530 Pallavi Mahendra Wargaonkar DATE :

1st OCTOBER 2018.

P.C. :

Heard the learned counsel appearing for the petitioners and the learned AGP for the first to seventh respondents. A revision application preferred by the petitioners under the provisions of the Maharashtra Land Revenue Code, 1966 (for short "the said Code") was fixed for hearing before the Hon'ble Minister of Revenue Department on 15th February 2017. A direction was issued on that day to take written submissions from the contesting parties. On 19th April 2017, as can be seen from page 44, the Hon'ble Minister recorded that submissions have been made and the revision application was closed for judgment. The learned AGP accepts instructions that though the revision application was closed for judgment as long back as on 19th April 2017, it was never decided till today. He tenders across the bar a letter of today's date addressed to him by the Revenue and Forest Department of the State

2/2 wp-10828.18.doc Government which records that revision will be heard afresh on 25th October 2018 by the Hon'ble Minister and approximately within a period of one month from that date, the revision application will be decided. The learned AGP on instructions states that the revision application will be heard at 11.00 am on that day.

We accept the aforesaid statements. In view of the aforesaid statements, we dispose of the petition by passing the following order :-

ORDER

(i) We accept the statement made on behalf of the Hon'ble Minister of the Revenue Department that the revision application preferred by the petitioner shall be heard on 25th October 2018 at 11.00 am;

(ii) We direct the State Government to ensure that notice of the date fixed be served to all the private parties to the revision application;

(iii) We direct the State Government to finally decide the revision application as expeditiously as possible and in any event by the end of November 2018;

(iv) Writ Petition is disposed of with the above directions. (M.S. SONAK, J.) (A.S.OKA, J.)