Mahendra Gopinath Pimple v. Jayendra Kisan Dubla

VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (St.) No. 27329 OF 2018 Smt. Sharmila @ Rajendra Patil ...

Petitioner Vs.

Jayendra Kisan Dubla ...

Respondent WITH WRIT PETITION (St.) No. 27334 OF 2018 Smt. Hemlata @ Jayanti Hareshwar Wade... Petitioner Vs.

Jayendra Kisan Dubla ...

Respondent WITH WRIT PETITION (St.) No. 27336 OF 2018 Mahendra Gopinath Pimple ...

Petitioner Vs.

Jayendra Kisan Dubla ...

Respondent *** Mr. Gautam T. Kanchanpurkar, for the Petitioners. Mr. Bhojraj Baral, for the Respondent.

*** CORAM :

R. D. DHANUKA, J.

DATE :

NOVEMBER 1, 2018 P.C.

1.

The matters were argued for some time. The learned counsel for the respondent has drawn my attention to the order 1/3

dated 12.10.2018 passed by the Tahsildar, Palghar under the provisions of the Maharashtra Restoration of Land to Scheduled Tribes Lands Act, 1975 against the petitioners. 2.

Learned counsel for the petitioners, on instructions, makes a statement that in view of order passed by the learned Tahsildar, the petitioners wants to challenge the said order before the appellate authority. He, therefore, seeks leave to withdraw all the three writ petitions, and prays for continuation of the order passed by the trial judge below Exhibit 5 on 16.4.2018, for a period of 4 weeks from today. Statement is accepted. In the result, following order is passed.

ORDER

(a) All three writ petitions are allowed to be withdrawn to enable the petitioners to file appropriate proceeding before the appropriate forum to impugn the order dated 12.10.2018, passed by the Tahsildar .

(b) The orders passed by the trial court on 16th April, 2018 below Exhibit 5 to continue for a period of 4 weeks from today.

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(c) If any proceedings are filed by the petitioners against the present respondents, copies thereof to be served on the respondents in advance.

(d) The petitioners are at liberty to apply for interim reliefs before the appellate authority.

(e) It is made clear that this Court has not expressed any opinion on merits of the matters. All contentions raised by the parties on merits in the petitions are kept open. Sd/- [R. D. DHANUKA, J.] Vinayak Halemath 3/3