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Bombay High CourtWP/2404/2013admittedallowedgrantedrule absolute

Rajendra Goroba Kamble v. Pandhari Ranaba Kamble Lrs Angad And Others

2015-12-16Hon'Ble Shri Justice Nitin W. Sambre2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2404 OF 2013 RAJENDRA GOROBA KAMBLE

VERSUS

PANDHARI RANABA KAMBLE LRS ANGAD AND OTHERS ...

Advocate for Petitioner : Deshpande C.R.

AGP for Respondents: Mr.R.V.Dasalkar Advocate for Respondents : Salunke Sudarshan J For R/1a,1b Mr.Venjane for R.4A, 2A, 3.

...

CORAM : N.W.SAMBRE,J.

DATED : 16TH DECEMBER,2015 PER COURT :- The order dated 30/5/2007 passed in revision preferred by the petitioner herein is questioned.

2] A preliminary query was raised as to why the petitioner has approached this Court at belated stage. In response to which the learned counsel for the petitioner based on the documents placed on record has tried to assert that the copy of the order which is impugned in the petition is not supplied to him in time. 3] As such said objection is waived.

4] It is required to be noted that the order impugned dated 30/5/2007 which is subject matter of the present petition is passed by the State Government confirming the order dated 12/6/2006 passed

wp2404-13 -2by Deputy Director of Land Records, Aurangabad. 5] The perusal of the order reflects non application of mind as the basic facts, pleadings and the considerations are absent in the order impugned.

6] There are hardly any reasons as the order of the State Government is consistent.

7] The order as such is not sustainable in law. As consequence thereof, the Writ Petition stands allowed. The order dated 30/5/2007 is quashed and set aside and the revision stands restored to the file of State Government. It is directed to decide the same within six months from today.

(N.W.SAMBRE,J.) umg/