Shankar Ananda Pansare v. The State Of Maharashtra Through Revenue Department And Other

2024:BHC-AUG:6142-DB (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 947 WRIT PETITION NO. 2854 OF 2024 SHANKAR ANANDA PANSARE ....Petitioner

VERSUS

THE STATE OF MAHARASHTRA THROUGH REVENUE DEPARTMENT AND OTHER .....Respondents Mr. A. S. Gandhi, Advocate for the Petitioner Mr. V. M. Kagne, AGP for the Respondents/State CORAM :

RAVINDRA V. GHUGE & R. M. JOSHI, JJ.

DATE :

14th MARCH, 2024 P. C.

1.

This is a classic case of lethargy and inaction on the part of the revenue authorities. Facts are so glaring that the petitioner need not even putforth any further submissions. 2.

A Rasta case was filed on 13-04-2012. There is no pleading as to whether the case was filed by the Applicant under Section 5(2) of the Mamlatdar's Court Act or under Section 143 of the MLR Code.

(2) 3.

The revenue authority decided the said case under Section 143 of the MLR Code by order dated 20-11-2018. Since then, Tahasildar, Rahuri has not implemented the order. The Petitioner is before this court after five years of the said order. This is a fit case for recommending disciplinary action under Section 10 of the Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005.

4.

The learned AGP submits, on instructions, that Tahasildar, Rahuri has got into action mode and on 12-03-2024, he has issued a notice to the parties by following the due procedure. The Circle Officer has issued the notice for ensuring that the order of the Tahasildar is implemented. According to the learned AGP, by 26th March, 2024 things will fall in place. 5.

In view of above statement, this Writ Petition is disposed off, but with a direction to the District Collector,

(3) Ahmednagar to initiate appropriate steps under Section 10 of the 2005 Act and call for explanation from all those authorities who, at the relevant times, were duty bound to initiate appropriate and timely action. After receiving their explanation, we leave it to the wisdom of the District Collector, Ahmednagar to pass appropriate orders as may be permissible in law. A compliance report shall be submitted to this Court after 45 days. [R. M. JOSHI, J.] [RAVINDRA V. GHUGE, J.] VishalK/947wp2854.24