Shri. Satish Shashikant Vanage And ORS v. Sou. Surendra Waman Khate And ORS

16 - WP. 13578 - 18 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 13578 OF 2018 Satish Shashikant Vanage & Ors.

...

Petitioners Vs.

Surendra Waman Khate & Ors.

...

Respondents *** Mr. P. D. Dalvi i/b Thorat L. Pimple, for the Petitioners. Mr. Kunal Bhange a/w Akshay Pawar, for Respondent Nos. 1, 4 & 5. Ms. M. S. Bane, AGP for Respondent Nos. 8 to 10. *** CORAM : C. V. BHADANG, J.

DATE : JANUARY 10, 2020 PC :

1.

Heard learned counsel for the parties for some time. The challenge in this petition is to the order dated 17th October, 2018 passed by the Hon'ble Minister for Revenue, Government of Maharashtra in Revision Application No. RTS 2818 / 152 /J- 4A thereby confirming order dated 28th February, 2018 passed by the Additional Commissioner, Konkan Division, Mumbai condoning the delay of about 19 years in challenging Mutation Entry 5728.

2.

In view of the submissions made at the bar, it is not necessary to record detail reasons as the learned counsel for the Petitioner submitted that issue about challenge to the order condoning the delay may be left open to be challenged, in the event final order on merits is 1 / 2

16 - WP. 13578 - 18 adverse to that of the Petitioner. In that view of the matter, the writ petition is disposed of with liberty to challenge the impugned order condoning the delay in challenge to the final order being passed on merits, by the Additional Commissioner, in the event said order is adverse to the Petitioner. Rival contentions of the parties are left open. The writ petition is disposed of in the aforesaid terms with no order as to costs.

Sd/- C. V. BHADANG, J.

Vinayak Halemath by Vinayak P.

Halemath Date:

2020.01.14 12:16:33 +0530 Vinayak P.

Halemath 2 / 2