Suman Tukaram Bhise v. The State Of Maharashtra Through Its Principal Secretary And Others

2025:BHC-AUG:10176 922-WP-6928-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6928 OF 2022 Suman Tukaram Bhise

VERSUS

The State Of Maharashtra Through Its Principal Secretary And Others *** • Mr. M. B. Kolpe, Advocate for the Petitioner • Mr. S. B. Jadhav, AGP for the Respondent Nos. 1 to 5/State • Mr. G. J. Kore, Advocate for the Respondent No. 6 *** CORAM : R. M. JOSHI, J DATE : APRIL 02, 2025 PER COURT :

1.

This Petition takes exception to the order dated 25.02.2022 passed by the Minister in Appeal2021/Pra.Kra.176/J-7A filed under Section 256 of the Maharashtra Land Revenue Code, 1966.

2.

Apart from other submissions, learned Counsel for Petitioner takes exception to the order impugned on the ground that it is unreasoned order. It is his submission that there is no reason recorded by the Minister for setting aside the order passed by the Additional Divisional Commissioner of remanding the matter back to SDO for re hearing.

Umesh

922-WP-6928-2022.odt 3.

Learned Counsel for contesting Respondents tried his best to justify the impugned order. He however was not able to point out any reason being recorded for condonation of delay in filing of Appeal or setting aside the order passed by the Divisional Commissioner of remanding matter back to appellate Authority.

4.

Unreasoned order cannot sustain. Only for this reason, order impugned is set aside. Proceedings bearing no. Appeal-2021/Pra.Kra.176/J-7A is relegated back to the Minister for decision afresh in accordance with law. Since the parties are senior citizen, Minister to decide the said Appeal within a period of three months from today.

5.

Petition stands disposed of in above terms.

(R. M. JOSHI, J.) Umesh