Kailas Bhanudas Sadaphal And Another v. Navnath Tabaji Gadhve And Others

(1) W.P.No.5818.13

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.5818 OF 2013 Kailas Bhanudas Sadaphal & anr.

..PETITIONERS

VERSUS

Navnath Tabaji Gadhve & ors.

..RESPONDENTS Mr Shivaji T. Shelke, Advocate for petitioners; Mr A.V. Rakh, Advocate for respondents no.1 & 2; Mr S.K. Tambe, A.G.P. for respondents no.4 to 8 CORAM : N.W. SAMBRE, J.

DATE : 23rd February, 2015 ORAL ORDER :

Learned Counsel for the petitioners seeks adjournment. 2.

Learned Counsel for respondents no.1 & 2 tenders a copy of the order dated 8th September, 2011, passed by Tahsildar, Kopargaon, which is taken on record and marked "X" for identification. He submits that the order dated 22nd April, 2011, passed by the State Government, remanding the matter back to the Tahsildar, Kopargaon for re-enquiry, which is impugned in the present petition, is already implemented and the Tahsildar has already passed fresh order dated 8th September, 2011 in the matter.

(2) W.P.No.5818.13 3.

The fact remains that during the pendency of the present writ petition, no interim relief was operating and as such, the Tahsildar has rightly passed the order.

4.

In view of above, the present writ petition is rendered infructuous and as such stands disposed of with no order as to costs. 5.

The petitioner is at liberty to challenge the the consequential order passed by the Tahsildar, Kopargaon.

(N.W. SAMBRE, J.) amj