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Bombay High CourtWP/8148/2013disposed offdismissed for default

Balasaheb Deorao Yadav v. The State Of Maharashtra And Others

2016-06-09Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice K. K. Sonawane2 pages

1 WP-8148.13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8148 OF 2013 Balasaheb Deorao Yadav ...PETITIONER versus The State of Maharashtra and ors.

...RESPONDENTS .....

Mr. Balaji S. Shinde, Advocate for petitioner Mr. S.M. Ganachari, AGP for respondents No. 1 to 4 Mr. N.V. Gaware, Advocate for respondents No. 5 to 6 .....

CORAM : S. V. GANGAPURWALA AND K.K. SONAWANE, JJ.

DATED : 9th JUNE, 2016.

Order :-

1. We have heard Mr. Shinde, learned counsel for petitioner and Mr. Gaware, learned counsel for respondent Nos. 5 and 6. 2.

Mr. Shinde, learned counsel states that revenue authorities are not implementing the order passed by Tahsildar and no enquiry is being conducted.

3.

According to learned counsel for respondents No. 5 and 6, order passed by Tahsildar is set aside by the Sub-Divisional Officer, Karjat vide judgment dated 31-07-2013, in appeal No. 01 of 2012 and against said order petitioner has filed revision bearing Tenancy Revision Application No. 82 of 2013 before the Maharashtra Revenue Tribunal, Aurangabad against present respondents No. 5 and 6.

2 WP-8148.13 4.

In view of the fact that, revision is already filed by present petitioner against order passed by the Sub-Divisional Officer, Karjat, in appeal No. 01 of 2012, it would be premature to entertain the present writ petition.

5.

Writ petition, as such, stands disposed of. No costs. 6.

Parties are at liberty to take such recourse as would be permissible pursuant to the judgment delivered by the Maharashtra Revenue Tribunal in the proceeding pending before it. Sd/- Sd/- [ K. K. SONAWANE, J.] [S. V. GANGAPURWALA, J.] MTK