Nalini Himatlal Kantilal And ORS v. Shri. Brahmajeet And ORS

10. civil wp 12327-18.doc R.M. AMBERKAR (Private Secretary) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL CIVIL APPELLATE APPELLATE JURISDICTION JURISDICTION WRIT PETITION NO. 12327 OF 2018 Nalini Himatlal Kantilal & Ors.

.. Petitioners

Versus

Brahmajeet & Ors.

.. Respondents ....................

 Mr. Rajesh M. Kachare i/by Gaurav Partners for the Petitioners  Mr. Drupad S. Patil for Respondent Nos. 1 to 4  Ms. M.S. Bane, AGP for Respondent Nos. 5 to 8 - State ...................

CORAM

: MILIND N. JADHAV, J.

DATE : JUNE 16, 2022 P.C.

:

1.

Heard learned counsel for the parties and learned AGP for the State.

2.

The order impugned in the present petition is dated 28.08.2018 passed by the Additional Commissioner, Konkan Division. Admittedly, in fact the remedy of second revision application would be available to the aggrieved party to challenge the said order. 3.

Mr. Kachare learned counsel for the Petitioners on going through the provisions of the Maharashtra Land Revenue Code, 1966 agrees with the aforesaid proposition. He submits that the Petitioners be permitted to file the second revision application before the revisional Authority within a period of four weeks from today so as to allow the Petitioners to exhaust the remedies available to them. 4.

In the event, if the Petitioners file the second revision application

10. civil wp 12327-18.doc before the revisional Authority, the Authority is directed to decide the said application within a period of eight weeks after the date of filing. Delay if any in filing the second revision stands condoned. While deciding the second revision application, the revisional authority is directed to accord an opportunity of hearing to all the concerned parties. Parties are permitted to file written submissions and case law on which they wish to refer to and rely upon in support of their case. Revisional Authority shall decide the second revision application and pass a speaking order thereon as directed in accordance with law and inform the decision to all concerned parties. 5.

All contentions of the parties are expressly kept open. 6.

Ms. Bane, learned AGP for Respondent Nos. 5 to 8 has taken note and cognizance of the above directions.

7.

With the above directions, the writ petition stands disposed of. [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2022.06.16 19:15:48 +0530 RAVINDRA MOHAN AMBERKAR