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Bombay High CourtWP/508/2015disposed off

Krishnat Bapu Gadgil And ORS v. The State Of Maharashtra Through Additional Chief Secretary (Revenue) And ORS

2016-08-22Hon'Ble Shri Justice A.A. Sayed,Hon'Ble Shri Justice A.S. Oka3 pages

pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.508 OF 2015 Krishnat Bapu Gadgil and Ors.

... Petitioners Vs.

The State of Maharashtra and Ors.

... Respondents Mr. Kishor Patil i/by Mr. Vivek V. Salunke for the Petitioners. Mr. P.G. Sawant, AGP for the Respondent - State. CORAM : A.S. OKA & A.A. SAYED, JJ.

DATE : 22nd AUGUST, 2016 P.C.

1.

Heard the learned counsel appearing for the Petitioners and the learned AGP for the Respondents. The only grievance made in this Petition is that the Tahsildar, Karveer has not implemented the order dated 9 th September, 2014 passed by the Hon'ble Minister of the State for Revenue of the Government of Maharashtra. 2.

So long as the order of the State Government is in force, the same will have to be implemented. Hence, we need not keep the Petition pending and the same is disposed of by passing the following order :-

ORDER

(i) We direct the Petitioners to appear before the Tahsildar, Karveer on 30 th September, 2016 at 11.00 am;

(ii) The Petitioner shall produce an authenticated copy of this order along with certified copy of the order dated th September, 2014 before the Tahsildar on the same date;

(iii) The Tahsildar shall ascertain whether the order dated 9 th September, 2014 of the State Government continues to remain in force. If he finds that the said order continues to remain in force, the Tahsildar shall act upon clause 2 of the operative part of the said order within a period of one month from 30 th September, 2016. In such event, he shall implement clause 2 of the order dated 9 th September, 2014 within a period of three months from th September, 2016;

(iv) We make it clear that we have made no adjudication on the legality and validity of the order dated 9 th September, 2014. The said issue is kept open;

(v) The Petition is disposed of on above terms. All concerned to act upon the authenticated copy of this order.

(A.A. SAYED, J ) (A.S. OKA, J )