Appasaheb Sakharam Dangal And Others v. The State Of Maharashtra And Others

908wp4184.21

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 908 WRIT PETITION NO.4184 OF 2021 APPASAHEB SAKHARAM DANGAL AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Shri Salunke Sudarshan J. AGP for Respondents-State : Shri S.P. Deshmukh ...

CORAM : N.J. JAMADAR, J.

DATE : 09/03/2021 P.C. :

1.

Heard the learned counsel for the petitioners. 2.

After arguing for some time, the learned counsel for the petitioners seeks leave to withdraw the petition, provided hearing of RCS No.145 of 2019, pending on the file of learned Joint Civil Judge, Senior Division, Jalna, is expedited.

3.

The petitioners have instituted a suit being aggrieved by the order passed by the Tahsildar, Badnapur under Section 143 of the Maharashtra Land Revenue Code. The crucial question which crops up for consideration is whether the way has been granted over the boundaries of the suit land. In the very nature of the dispute, adjudication on facts is warranted. In this backdrop, the prayer to

908wp4184.21 expedite hearing and disposal of the suit appears justifiable. Hence I am inclined to accept the request for expeditious hearing of RCS no. 145 of 2019.

4.

Petition stands dismissed as withdrawn with a request to the Trial Court to make an endeavour to hear and decide RCS No. 145 of 2019 expeditiously, and preferably within one year from the date of communication of this order.

5.

All concerned to act upon an authenticated copy of this order.

( N.J. JAMADAR ) JUDGE mahajansb/