Vishwanath Mahadappa Teli Bhujbal And Another v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7611 OF 2015 (Vishwanath Mahadappa Teli (Bhujbal) and another Vs. The State of Maharashtra and others) Mr.B.M.Dharure, Advocate for the petitioners. Mr.Sabnis h/f Mr.V.D.Gunale, Advocate for respondent Nos.5 and 6. Mr.S.N.Kendre, AGP for respondent Nos. 1 to 4. ( CORAM : Ravindra V.Ghuge, J.) DATE : 23/08/2017 PER COURT :

1.

The petitioners are aggrieved by the order dated 07/10/2013 passed by the Sub-Divisional Officer, Latur/ respondent No.3 herein. 2.

I have considered the submissions of the learned Advocates for the respective sides and the learned AGP. I have also considered the objections raised by the respondent.

3.

The impugned order is quite peculiar. The S.D.O. has closed the file No.2013/JAMA/KAVI with regard to land Gat Nos.189 and 176 for the reason that though the matter was reserved for passing orders on 31/01/2013, as no orders were passed till 13/08/2013, the file has become time barred.

khs/AUGUST 2017/7611-d

4.

Considering the above, this petition is partly allowed. The impugned order dated 07/10/2013 is quashed and set aside and the proceedings are remitted to the office of respondent No.3 for a rehearing. 5.

The litigating sides consent to appear before respondent No.3 on 08/09/2017 at 3.00 p.m. Formal notices need not be issued. The S.D.O. Latur shall hear the litigating sides by giving them a reasonable opportunity and shall thereafter decide the said issue as expeditiously as possible and preferably on or before the 15/12/2017.

( Ravindra V.Ghuge, J.) khs/AUGUST 2017/7611-d