Bhagyawati Nandkishor Agrawal v. The Sub Divisional Officer Latur And Others

1 Writ Petition No. 1233/2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD

914. WRIT PETITION No. 1233 of 2019 Bhagyawati Nandkishor Agrawal

...Petitioner

VERSUS

The Sub-Divisional Officer, Sub-Divisional Office, Latur and others

...Respondents

Mr. Ameya N. Sabnis, Advocate for petitioner Mr. Y.G. Gujarathi, Asstt. Govt. Pleader for respondents no.1 to 4 Mr. Arun V. Rakh, Advocate for respondents no. 5 to 7 CORAM : SUNIL P. DESHMUKH, J.

DATE : 1st March, 2019 ORDER:

1.

After hearing learned counsel for parties, it emerges that the order passed by the Tahsildar, Latur, under section 5 of the Mamlatdar Courts Act, 1905 is subject to challenge in revision before respondent no.4 alongwith an application for interim relief therein. However, in the interregnum, since no order had been passed of interim relief in the revision preferred under section 23 of the Mamlatdar Courts Act, threat of damage to the property has been looming large and, as such, the writ petition has been preferred.

2 Writ Petition No. 1233/2019 2.

In the circumstances, it would be expedient that the interim relief application filed by applicant be proceeded with before the revenue authority and during pendency of the same, ad-interim relief passed by this court under order dated 28th January, 2019 shall continue to operate.

3.

It is expected that orders are passed on interim application, within a period of four weeks from the date of receipt of writ of this order. It would be expedient that the revision proceedings would be proceeded with expeditiously. 4.

The writ petition is disposed of.

(SUNIL P. DESHMUKH) JUDGE.

Madkar