Amar Pandharinath Bhandari v. State Of Maharashtra And 3 ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 770 OF 2017 Amar Pandharinath Bhandari } Petitioner versus State of Maharashtra and Ors.

} Respondents Mr. Omkarnath R. Tiwari for the petitioner.

Ms. Geeta Shastri-Additional Government Pleader for the respondents.

CORAM :- S. C. DHARMADHIKARI & SMT. BHARATI H. DANGRE, JJ.

DATE :- FEBRUARY 21, 2018 P.C. :- 1.

After hearing both sides, we do not think that for a prayer as innocuous as set out in this petition [prayer clause (a)], the petitioner should approach this court.

2.

The petitioner is making a request to delete an entry (Mutation Entry No. 632) in the records pertaining to property/plot, more particularly described in prayer clause (b) of this petition. By prayer clause (c), that application, which is made, being not decided nor any order passed thereon, has forced the petitioner to approach this court.

3.

This petition is pending in this court after its institution from 28th February, 2017. It is only on 13th November, 2017 that it saw the light of the day. The Government advocate, on that day, sought four weeks' time to file a reply. No reply affidavit has been filed and the petition has never been listed thereafter. We do not think that the High Court should ensure disposal of such applications as are pending before the Department of Revenue, Collectorate of Mumbai. If the property is situate within Mumbai city limits, then, it is the Mumbai City Collectorate and if it is situate in the suburban district, it will be the Mumbai Suburban District Collectorate which is required to take steps. 4.

We direct the Mumbai Suburban District Collectorate to decide the pending application and equally treat this petition as a request or representation of the petitioner to make the necessary corrections/deletions in the mutation entries and pass orders as expeditiously as possible and, in any event, within a period of four weeks from today. In the event the orders are not passed as directed, we will not hesitate to issue notice in contempt and thereafter summon the Collector and the Additional Collector/competent authority so also the District Inspector of Land Records and City Survey Officer, taluka Borivali, Mumbai.

5.

With the aforesaid directions, the writ petition is disposed of.

(SMT. BHARATI H. DANGRE, J.) (S.C.DHARMADHIKARI, J.)