← Library
Bombay High CourtWP/13502/2023disposed off

Dadabhau Bhauso Bhorade v. The State Of Maharashtra Thr The Principal Secretary And ORS

2023-11-09Hon'Ble Shri Justice Madhav J. Jamdar2 pages

5-wp-13502-2023.doc Sonali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13502 OF 2023 Dadabhau Bhauso Bhorade

...Petitioner

Versus

The State of Maharashtra through the Principal Secretary, Revenue Department & Ors.

...Respondents

Mr. D. V. Sutar a/w. Mr. Kiran G. Kulkarni and Ms. Sruti Roy, for the Petitioner.

Mr. P. G. Sawant, AGP, for the State/Respondent Nos. 1 to 5. Mr. Jaydeep Deo, for Respondent No.6.

CORAM : MADHAV J. JAMDAR, J.

DATED : 9th NOVEMBER 2023 P.C. :

1.

Heard Mr. Sutar, learned counsel appearing for the Petitioner, Mr. Sawant, learned AGP, appearing for Respondent Nos. 1 to 5 and Mr. Deo, learned counsel appearing for Respondent No.6. 2.

The impugned order in the present Writ Petition is order dated 16th October 2023 passed by the Tahsildar, Shirur, Pune by which interim directions were issued under the provisions of Section 5 of the Mamlatdars' Courts Act, 1906 ("said Act"). It is one of the 1/2

5-wp-13502-2023.doc Sonali contention of the Petitioner that there is no jurisdiction to pass interim orders under the provisions of the said Act. However, both Mr. Sutar and Mr. Jaydeep Deo, learned counsel appearing for the contesting parties state that the Mamlatdar Case in question is finally disposed of. Therefore, nothing survives in the Writ Petition. Accordingly, the Writ Petition is disposed of, as it has become infructuous.

3.

It is clarified that this Court has not considered the merits and all the contentions on merits are expressly kept open. [MADHAV J. JAMDAR, J.] 2/2