Dadasaheb P. Babasaheb Patil And Another v. The State Of Maharashtra Through State Minister And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.8387 OF 2022 DADASAHEB P. BABASAHEB PATIL AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH STATE MINISTER AND OTHERS ....

Mr S. V. Gundre, Advocate for petitioners;

Mr P. K. Lakhotiya, A.G.P. for respondent/State CORAM : RAVINDRA V. GHUGE AND ARUN R. PEDNEKER, JJ.

DATE : 7th September, 2022 PER COURT:

1.

The petitioners have put forth prayer clauses (B) and (C), which read as under :- "B) By issuing writ of mandamus or any other appropriate writ, order or direction, the respondent no. 1 be directed to decide Revision No. 2019/prkr40/ J-7, pending before Honble State Revenue Minister, Mantralaya Mumbai and further be directed to communicate the order to the petitioners in the interest of justice.

C) Pending the admission, hearing and final disposal of this writ petition, the respondent no. 1 be directed to decide Revision No. 2019/prkr40/ J-7, pending before Honble State Revenue Minister, Mantralaya Mumbai and for that purpose necessary directions be issued."

(2) 2.

The grievance of the petitioner is, that the then State Revenue Minister has closed Revision No.2019/prkr40/J-7 for orders, after the hearing was completed on 18/02/2019. Despite passage of 3 years and 7 months, a decision has not been pronounced.

3.

The learned A.G.P. submits that, this matter may be disposed off. If any order has not been passed, the matter would be considered after a re-hearing. If an order has been passed, the same would be communicated to the petitioners within a period of 4 weeks.

4.

In view of the above, this petition is disposed off. 5.

We direct that the pending Revision No. 2019/prkr40/J-7, filed by the petitioner, if not yet decided, shall be decided by following the due procedure laid down in law and by granting an adequate opportunity of hearing to all the stakeholders. Needless to state, if the said proceedings have been closed for orders on 18/02/2019, fresh notice of hearing will have to be issued by the Competent Authority to all the litigating parties and thereafter, a decision could be rendered in the said proceedings. We are

(3) granting time till 30/12/2022, to enable the Competent Authority to conclude the proceedings, as directed above. (ARUN R. PEDNEKER, J.) (RAVINDRA V. GHUGE, J.) sjk