Sayyad Jafar Karimoddin Kazi And ORS v. The State Of Mah And ORS

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2430 OF 2006 1.

Sayyad Jafar Karimoddin Kazi, ...PETITIONERS Age-75 years, Occu-Agri, R/o. Kazi Galli, Ter, Sayyd Abdul Mannan Karimoddin Kazi, Age-73 years, Occu-Agri, R/o. Peth, Ter, Abdul Wahed Karimoddin Kazi (Deceased) Through His Lrs 3-A. Shamim Begam Abdul Wahed Kazi Age-68 years, Occu-Household 3-B. Shahed Abdul Wahed Kazi, Age-48 years, Occu-Agril, 3-C. Sadeq Abdul Wahed Kazi, Age-42 years, Occu-Agril, 3-D. Khaled Abdul Waheb Kazi, Age-37 years, Occu-Agril, 3-E. Wajed Abdul Wahed Kazi, Age-34 years, Occu-Agril, 3-F. Vasima Asad Pasha, Age-46 years, Ocu-Household, 3-G. Nasrimn Amjad Khatib, Age-39 years, Occu-Household,

( 2 ) 3-H. Jarin Abubkar Sidhiki, Age-35 years, Occu-Household, 3-I. Sahin Ibib Fakroki, Age-32 years, Occu-Household All R/o. Village Ter, Sayyad Jabbar Karimoddin Kazi, Age-70 years, Occu-Agri, R/o. Kazi Galli, Ter, 5.

Abdul Washid Karimoddin Kazi, Age-50 years, Occu-Agri, R/o. Kazi Galli, Ter,

VERSUS

1.

The State of Maharashtra ...RESPONDENTS through its Principal Secretary, Revenue and Forest Department, Maharashtra State, Mantralaya, Mumbai-32 The Secretary, Revenue & Forest Department, Maharashtra State, Mantralaya, Mumbai-32 The Collector, Osmanabad, Tq. & Dist. Osmanabad

( 3 ) The Tahasildar, Osmanabad, Mr.R.N.Dhorde, Senior counsel for the petitioners Mr.N.T.Bhagat, AGP for the respondent/State CORAM : S.V. GANGAPURWALA & S.M.GAVHANE,JJ.

DATED :

05.09.2018 ORAL JUDGMENT [PER: S.V. GANGAPURWALA, J.] .

Mr. Dhorde, learned Senior counsel submits that the petitioner had filed the revision before the State Government against the order of the Collector. The matter pertains to the declaration of surplus land. During the pendency of the revision, the stay was vacated. As the stay was vacated, the present writ petition is filed.

We have also heard learned AGP.

It is submitted that revision is still pending with the State Government. Without entering into the merits of the matter, this Court on 29.03.2006 had granted ad-interim relief in terms of prayer clause-D, which reads thus:

( 4 ) D] Pending hearing and final disposal of this writ petition, grant stay to the impugned order dated 19.10.2000 passed by the respondent No.3 Collector as well as order dated 19.11.2005 passed by the respondent No.2; and for that purpose issue necessary orders;

As the submission is made that the revision is pending, we dispose of the present petition with direction that the State Government shall decide the revision filed by the petitioner on its own merits in accordance with law, expeditiously. Till the revision is decided, the ad-interim relief granted by this Court shall continue.

5.

Rule made absolute in above terms.

Accordingly, the writ petition stands disposed of. No costs.

[S.M.GAVHANE,J.] [S.V. GANGAPURWALA,J.] VishalK/wp2430.06