Ravindra Balasaheb Dorge v. Tushar Nishikant Dhamdere And ORS

p-505-cwp-8812-21.doc DSS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8812 OF 2021 DINESH SADANAND SHERLA Ravindra B. Dorge

...Petitioner

V/s.

Tushar N. Dhamdere and ors.

...Respondents

----- Mr. Akshay R. Kapadia for the Petitioner.

Mrs. M.P. Thakur, AGP for the Respondent- State. ----- DINESH SADANAND SHERLA Date: 2021.12.16 19:30:52 +0530 C0RAM : G. S. KULKARNI, J.

DATE : DECEMBER 16, 2021.

PC :

1] Not on board. Taken on board on an application moved on behalf of the petitioner.

2] Leave to amend to implead the State of Maharashtra through Ministry of Forest and Revenue, as party respondent. Amendment to be carried out forthwith.

3] It is an admitted position that assailing the impugned order dated 17.8.2021, the petitioner has already filed a revision before the State Government. However, on an apprehension that due to winter session of the State legislature, the revision would not be taken up for hearing, the petitioner had filed this petition.

4] In my opinion, this petition ought not to be kept pending as rightly suggested by Mrs. M.P. Thakur, learned AGP as the petitioner can effectively raise all such contentions before the revisional authority. The petitioner has 1/2

p-505-cwp-8812-21.doc also filed an interim application which also may be considered by the revisional authority.

5] In the above circumstances, the petition is required to be disposed of by the following order:

A] The interim application as filed by the petitioner be decided by the revisional authority within a period of six weeks from today. In the meantime, the ad-interim order dated 10.12.2021 passed by the Division Bench of this Court shall continue to operate till then. B] All contentions of the parties on pending revision proceedings are expressly kept open.

C] The revisional authority shall also make an endeavour to decide the revision itself, as expeditiously as possible and within a period of six months from today.

D] Petition is disposed of in the above terms. No costs. (G. S. KULKARNI, J.) 2/2