Bhausaheb Bhagwan Harichandre And Others v. The State Of Maharashtra Through The Secretary And Others
2024:BHC-AUG:16273-DB *1*
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 902 WRIT PETITION NO. 6247 OF 2024 BHAUSAHEB BHAGWAN HARICHANDRE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS ...
Shri Gandhi Amol S., Advocate for the Petitioners. Shri S.K. Tambe, AGP for Respondent Nos.1 to 6/State. Shri S.K.Chavan, Advocate for Respondent No.7. ...
CORAM : RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.
DATE :- 26th July, 2024 Per Court :- 1.
On 27.06.2024, we had passed the order directing the Principal Secretary, Revenue Department, State of Maharashtra, to decide the interim application filed by the Petitioners, on or before 26.07.2024.
2.
The grievance of the Petitioners is that after this order was passed, the Principal Secretary issued the notice on 03.07.2024 and straightaway posted the matter for a hearing on 14.08.2024. When this grievance was pointed out to us by the
*2* Petitioners, we realized that the Principal Secretary has disobeyed our order. We, therefore, granted a passover to the learned AGP to take instructions.
3.
After lunch recess, when the matter is called out, the learned AGP places an interim order dated 26.07.2024, passed by the Principal Secretary today, at Mumbai. He is instructed by the Principal Secretary to convey to the Court that though the hearing in the matter was scheduled on 14.08.2024, the interim application was taken up today and an interim order has been passed. The communication dated 26.07.2024, addressed to the Government Pleader's office by the Desk Officer, Revenue and Forest Department, Mantralaya, Mumbai along with the interim order dated 26.07.2024, passed by the Principal Secretary, Revenue and Forest Department, Mantralaya, are taken on record and collectively marked as 'X-1' (four pages), for identification. 4.
The proceeding before the Principal Secretary, was scheduled on 14.08.2024 and the notices to the parties, including private parties, were issued on 03.07.2024. The matter has been taken up today on his board and an ex-parte ad-interim order has
*3* been passed.
5.
The learned Advocates for the contesting parties i.e. the Petitioners and Respondent No.7, who has caused his appearance, jointly submit that they would address the Principal Secretary for final hearing in the pending proceedings on 14.08.2024 and they will not seek an adjournment. They would also file their written notes of submissions. They request that the Principal Secretary should decide the proceedings by 31.08.2024. With this, both request, on instructions, that this petition be disposed off.
6.
In view of the above, this Writ Petition is disposed off.
kps (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)