Balasaheb Babasaheb Paymode v. The State Of Maharashtra Through Ministry Of Forest And Others

934.WP.728.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.728 OF 2023 BALASAHEB BABASAHEB PAYMODE

VERSUS

THE STATE OF MAHARASHTRA THROUGH MINISTRY OF FOREST AND OTHERS ...

Advocate for Petitioner : Mr. Sanket S. Kulkarni AGP for Respondents: Mr. D.R. Kale ...

CORAM

: MANGESH S. PATIL AND S.G. CHAPALGAONKAR, JJ.

DATE : 18.01.2023 PER COURT :

The petitioner's second revision though styled as an appeal under Section 247 of the Maharashtra Land Revenue Code, 1966 is pending with the respondent No.1 State Government.

2.

The learned advocate for the petitioner submits that the petitioner is seeking direction for expeditious decision on his revision. He also points out that the petitioner's property had already been attached and is about to be sold on 15.02.2023 as per the notice dated 02.01.2023. He would submit that if the revision is not decided before that date, the petitioner may lose the property.

3.

Learned Government Pleader submits that the order under challenge before the respondent No.1 in revision was passed way back in the year 2017. There is enormous delay in filing the revision. No relief be 1/2

934.WP.728.23.odt granted to the petitioner. But submits that direction to decide the revision may be considered 4.

The purpose of revision would be practically lost if in the meantime the property under attachment is sold. Admittedly, the matter is pending with the State Government and it would be appropriate that the revision/appeal is decided expeditiously.

5.

We dispose of the writ petition by directing the respondent No.1 to pass appropriate order in accordance with the law on the petitioner' s revision/appeal as expeditiously as possible and in any case within six months if it is not already decided. The proposed action initiated for auctioning petitioner's property shall stand stayed for a period of four weeks within which time the petitioner may move appropriate application before the respondent No.1 seeking interim relief and the respondent No.1 shall pass suitable order thereon.

(S.G. CHAPALGAONKAR, J.) (MANGESH S. PATIL, J.) habeeb 2/2