Nandkumar Vasant Vidhate v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 13 WRIT PETITION NO.2439 OF 2023 NANDKUMAR VASANT VIDHATE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr.D.R.Jayabhar, Advocate for the Petitioner. Mr.S.G.Karlekar, AGP for the Respondent/State. ( CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.) DATE : JULY 3, 2023 PER COURT :

1.

The grievance of the Petitioner is that his RTS Appeal filed some time in 2021 (no date is mentioned on the appeal), lodged on 30.11.2021 before Respondent No.3 / Tahsildar, is pending adjudication.

2.

The learned AGP points out from the prayers made in the RTS appeal that a 7/12 extract of 1932 which subsequently underwent a change in 1968, is sought to be set aside, and the case is hopelessly barred by limitation.

khs/July 2023/2439

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Considering the above, we are not going into the merits of the matter. This Petition is disposed off with a direction to Respondent No.3 to issue notices to all the litigating parties within 21 days from today and thereafter decide the pending RTS appeal within 120 days from the returnable date in the matter. Needless to state, all contentions of the litigating parties including the issue of delay and laches, are kept open.

( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J.) khs/July 2023/2439