Bhagabai Dnyanoba Jadhav And Another v. The State Of Maharashtra Through The Chief Secretary And Others

2024:BHC-AUG:17274 (1) 910-wp-7122-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7122 OF 2024 BHAGABAI DNYANOBA JADHAV AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE CHIEF SECRETARY AND OTHERS ...

Mr. Shrikishan S. Shinde, Advocate for the Petitioners. Mr. K. S. Hake Patil, AGP for Respondents-State. Mr. Chandrakant D. Biradar, Advocate for Respondent No.4. ...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : 07th AUGUST, 2024.

P.C.:- 1.

By order dated 10.07.2024 notice was issued to the respondents and interim relief was granted for the reasons that Member of Maharashtra Revenue Tribunal is not available to take up proceeding.

2.

The learned Advocate appearing for respondent no.4 places on record the order passed by MRT, thereby transferring proceeding to Maharashtra Revenue Tribunal at Mumbai. He would also point out that land in question is already taken in possession by the Government under panchanama dated 12.06.2024.

3.

Be that as it may, Writ Petition can be disposed of as under: a.

The petitioners shall be at liberty to prosecute their application for grant of interim relief before the Maharashtra Revenue Tribunal at Mumbai in proceeding which is already transferred.

(2) 910-wp-7122-2024.odt b.

The interim protection granted under order dated 10.07.2024 shall remain in force till 01.10.2024, which is the date fixed before Maharashtra Revenue Tribunal at Mumbai, so that petitioners can take appropriate steps. c.

It is made clear that this Court has not dealt with merits of the matter and the said arrangement is made only with a view to grant opportunity to petitioners to take up steps in accordance with law.

d.

Writ Petition is disposed of in above terms.

(S. G. CHAPALGAONKAR) JUDGE Devendra/August-2024