← Library
Bombay High CourtWP/7548/2022disposed off

Balu Shankar Gaike v. Shakuntala Manikrao Sone And Others

2022-08-03Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Arun R. Pedneker2 pages

7548.22wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7548 OF 2022 BALU SHANKAR GAIKE

VERSUS

SHAKUNTALA MANIKRAO SONE AND OTHERS ....

Mr B. R. Sable, Advocate h/f Mr B. G. Sagade, Advocate for petitioner;

Mr P. S. Patil, A.G.P. for respondents/State CORAM : RAVINDRA V. GHUGE AND ARUN R. PEDNEKER, JJ.

DATE : 3rd August, 2022 PER COURT:

1.

The petitioner has put forth prayer clause (B), which reads as under :- "B.

The Hon'ble Minister, Revenue & Forests Department, Mantralaya, Fort, Mumbai may please be directed to forthwith register, hear and decide the Appeal (Unregistered) filed by the petitioner challenging the order dated 12.04.2022 passed by the Additional Commissioner, Aurangabad Division, Aurangabad in Review Petition No.ROR/REV/434/2018 in Case No.ROR/Rev./29A/2017, by issuing writ of mandamus or any other appropriate writ, order or directions in the nature of writ of mandamus." 2.

The learned A.G.P. submits that, as soon as the Hon'ble Minister takes charge of the concerned portfolio, notices would be

7548.22wp (2) issued to the parties within three weeks, and within six weeks thereafter, the appeal can be decided, provided the parties co-operate.

3.

The learned Advocate for the petitioner submits that, the possession of the writ property is still with the petitioner. 4.

Since an innocuous request has been put forth, we are not issuing notices to the respondents.

5.

In view of the above, this petition is disposed off, with the following directions :- (a) The concerned Department under the Hon'ble Minister for Revenue and Forest, would register the appeal preferred by the petitioner, dated 01/06/2022. (b) As soon as the Hon'ble Minister takes charge of his portfolio, notices to be issued to all the litigating parties within four weeks.

(c) After the returnable date, the Hon'ble Minister would endeavour to decide the said appeal, as expeditiously as possible.

(ARUN R. PEDNEKER, J.) (RAVINDRA V. GHUGE, J.) sjk