Bhagwan Kundlik Tangade v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 WRIT PETITION NO.4933 OF 2022 BHAGWAN KUNDLIK TANGADE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. C.V. Thombre AGP for Respondents 1 to 5 : Mr. K.B. Jadhavar Advocate for Respondents 6 to 8 : Mr. A.S. Usmanpurkar ...

CORAM : ARUN R. PEDNEKER, J.

DATED : 01/02/2023 PER COURT :

1.

Heard the learned counsel for respective parties. 2.

By the present writ petition, the petitioner is challenging the order passed by the Tahsildar dated 22.10.2018 holding in abeyance the application under section 155 of the Maharashtra Land Revenue Code filed for correction of mutation entry. The Tahsildar in it's order dated 22.10.2018 has held that Civil Suit No. 87/2014 is pending in respect of the same subject matter and in respect of the same subject land bearing Survey No. 339 filed in the Court of Civil Judge, Junior Division, Bhokardan. More than four years lapsed after the impugned order. Proceedings in the Civil Court have proceeded ahead at advance stage. In view of the same, the parties agree that it would be more appropriate to direct the Civil Court to decide the civil suit as expeditioulsy as possible.

Civil Judge, Junior Division, Bhokardan is directed to decide Civil Suit No. 87/2014 as expeditiously as possible. As indicated in the order of Tahsildar, the order passed by the Civil Court in the suit would be applicable to this proceeding. All points are kept open before the Civil Court. The writ petition is disposed of accordingly.

[ARUN R. PEDNEKER J.] ssc/