Shri Dattatraya Maruti Shinde v. State Of Maharashtra Through Revenue Dept. And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11496 OF 2016 Dattatraya Maruti Shinde ..Petitioner Vs.

State of Maharashtra & ors.

..Respondents ....

Mr. Vishal c. Ghosalkar for petitioner.

Ms. Geeta Sonawane, AGP for State Mr. Uday Warunjikar for respondent No.3 (ii). ....

CORAM : M.S.KARNIK, J.

DATE : 3rd JANUARY, 2019 P.C. :

Learned Counsel for petitioner is challenging an interim order passed by the Hon'ble Minister for Revenue. He further submits that despite concurrent orders passed by all the authorities, the Hon'ble Minister by the impugned order granted an ex-parte order of stay in favour of respondent No.3 (i) to (v). It is further pointed out that the stay is operating for the last four years. Learned Counsel for petitioner submits that as the matter is pending for last four years, he would be satisfied if appropriate directions are issued to the Hon'ble Minister to decide the revision itself on its own merits as expeditiously as possible.

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I have heard learned AGP appearing for respondent Nos. 1 and 2 and learned Counsel for respondent No.3(ii). 3.

In my opinion, considering the fact that revision is pending before the Hon'ble Minister for last four years and as an ex-parte order of stay is operating against the petitioner, following order would meet the ends of justice :

ORDER

I) The Hon'ble Minister is directed to decided Revision No. 1838 of 2015 as expeditiously as possible and in any event within a period of 12 weeks from today after hearing all concerned including petitioner.

II) All contentions are kept open.

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The Writ Petition is disposed in above terms. (M.S.KARNIK, J.) 2/2