Manohar Vishwanath Agrawal v. Madhav Sakharam Shinide And Others

2755.19WP.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2755 OF 2019 Manohar Vishwanath Agrawal ...Petitioner

Versus

Madhav Sakharam Shinde and others ...Respondents ...

Mr. M. P. Kale, Advocate h/f Mr. A. A. Khande, Advocate for petitioner Mr. G. N. Chincholkar, Advocate for respondents no.1 and 2 ...

CORAM: SUNIL P. DESHMUKH, J.

Date: 8 th March, 2019 ORDER :

1.

Heard learned counsel for the parties.

2.

The situation emerges that it is original land lord who is before this court claiming to be aggrieved by rejection of stay application by Maharashtra Revenue Tribunal, Aurangabad.

3.

Legal heirs of original tenant are claimed to have parted with the property in breach of section 50B of the Hyderabad Tenancy And Agricultural Land Act, 1950. The claim had been sustained before Tahsildar at the instance

2755.19WP.odt of petitioner. However, in appeal therefrom at the instance of respondents no. 1 and 2, order passed by Tahsildar has been reversed and said order of Tahsildar has been subjected to revision before the Maharashtra Revenue Tribunal by petitioner along with an application for stay, referred to above. The same has been rejected. 4.

Having regard to aforesaid situation, particularly observations by the revisional court as appearing in last paragraph of the order on pages no. 71 and 72, it does not appear that the matter calls for any interference with. Writ petition, under the circumstances, is rejected and is disposed of.

5.

It would be expedient that during pendency of revision before Maharashtra Revenue Tribunal, Aurangabad, there shall not be dealing with, creation of third party interest and / or alienation, transfer of property in any way from either side.

[SUNIL P. DESHMUKH, J.] vdk