Aminabee Nazir Tade And Others v. Rauf Khan Waheb Khan Patel And Others

(1) 973-wp-11214-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.11214 OF 2021 AMINABEE NAZIR TADE AND OTHERS ..PETITIONERS

VERSUS

RAUF KHAN WAHEB KHAN PATEL AND OTHERS ..RESPONDENTS ...

Mr. R. K. Ashtekar, Advocate for the Petitioners. Mr. S. P. Tiwari, AGP for Respondents-State.

...

CORAM : S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATED : 07th OCTOBER, 2021.

PER COURT:- 1.

We have heard Mr. Ashtekar, learned counsel for the petitioners and the learned A.G.P. 2.

Mr. Ashtekar, learned counsel for the petitioners submits that, present respondent nos.1 to 3 had also filed another writ petition for the same relief bearing Writ Petition No.12975/2018 and this Court under order dated 27.11.2018 had directed to decide the application of the petitioners in the said writ petition within a period of three months. The said order be recalled.

3.

The Division Bench of this Court under order dated 27.11.2018 in Writ Petition No.12975/2018 had only directed respondent no.2

(2) 973-wp-11214-2021 therein to take decision on the application filed by the petitioners therein on its own merits and preferably within three months. This Court further observed in the said order that, no opinion on merits is expressed and the Tahsildar, Gangapur shall take appropriate decision. This Court had not given direction to take decision in a particular way. It has only directed the Revenue Officer to take decision on the application on its own merits. The said order does not prejudice any one.

4.

If the petitioners have any right, the petitioners may agitate before the Tahsildar. 5.

Another contention of the learned counsel for the petitioners is that, the present respondent nos.1, 2 and 3 have filed one more Writ Petition for the relief for which earlier writ petition was filed and the same is pending. The petitioners may raise plea of filing of the earlier writ petition in the pending writ petition.

6.

Writ Petition is disposed of. No costs.

(R. N. LADDHA) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/October-2021