Kondiram V Bhosale Decd. Thr. Lhrs Sachin K. Bhosale And ORS v. The State Of Maha. Thr. Ministry Of Revenue And ORS

SIDDHARAM MASHAL Date: 2023.03.31 11:27:58 +0530 IRESH SIDDHARAM MASHAL 1 / 3 905.3916.23 wp.doc Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3916 OF 2023 Kondiram V Bhosale Decd. Thr.

....Petitioners LHRS Sachin K. Bhosale and Ors V/s.

The State of Maha. Thr. Ministry of ....Respondents Revenue and Ors Mr. Chinmay Deshpande and Mr. Bharat Gadhavi i/b Mr. Bharat Gadhavi for the Petitioners Mr. V. S. Gokhale 'B' Panel counsel for the State CORAM : R. D. DHANUKA & GAURI GODSE, JJ.

DATED : 29 MARCH, 2023 P.C. :- 1.

Rule. Mr. Gokhale, learned 'B' panel counsel waives service for Respondent Nos. 1 to 3. Rule is made returnable forthwith. By consent of the parties, the Petition is taken up for final disposal. 2.

Learned counsel for the Petitioners seek leave to add Respondent No. 4 as formal party. Leave is granted. Amendment to be carried out forthwith.

3.

The grievance in the Petition is that Applications filed by the Petitioners for adding their names on the property card as heirs and legal representatives of deceased Kondiram Bhosale are not decided by

2 / 3 905.3916.23 wp.doc Respondent Nos. 2 and 3 till date. Learned counsel appearing for the Petitioners states that Applications filed on 24th March 2021, 16th July 2021, 7th February 2022, 20th July 2022 and 23rd August 2022 are not yet decided. Statement made by the learned counsel for the Petitioners is accepted.

4.

In view of the submissions made on behalf of the Petitioners, we pass the following order.

I. Petitioner shall appear before Respondent No. 3 on 10th April 2023 at 11.00 a.m. with copy of this order.

II. Respondent No. 3, after giving hearing to the Petitioners, shall decide the Applications filed by the Petitioners as stated in prayer clause (b) in the Petition, if not yet decided, within a period of six weeks from the date of producing a copy of this order before Respondent No. 3.

III. If the Applications filed by the Petitioners are decided in favour of Petitioners, the effect of the same shall be given within a period of two weeks from the date of order. IV. If the order passed on the Applications made by the Petitioners is adverse to the Petitioners, it will be open to the Petitioners to take appropriate steps as permissible in law. V. Writ Petition is disposed of. Rule is made absolute in above terms. There shall be no order as to costs.

3 / 3 905.3916.23 wp.doc VI. Parties to act on authenticated copy of this order. 5.

We have observed that in large number of matters, similar type of Petitions are filed seeking Writ of Mandamus for directing Authorities to decide Applications which are filed by the parties and they are kept pending for a long time. We hope that to obviate such situation, Appropriate Authority shall take appropriate steps to decide the pending Applications within a reasonable time. Mr. Gokhale, learned 'B' panel counsel agrees to communicate this order to the concerned Authorities for taking appropriate steps.

(GAURI GODSE, J.) (R. D. DHANUKA, J.)