Bhausaheb Bhanudas Bandal v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.8469 OF 2016 (Bhausaheb Bhanudas Bandal Vs. The State of Maharashtra and others) Mr.A.G.Ambetkar, Advocate for the petitioner. Mr.U.B.Bhogle, AGP for respondent Nos. 1 to 3. Mr.K.D.Bade Patil, Advocate for respondent Nos. 4 to 14. ( CORAM : RAVINDRA V. GHUGE, J.) DATE : 09/01/2017 PER COURT :

1.

The petitioner is before this Court being aggrieved by the order dated 22/07/2016 passed by the Sub Divisional Officer, Pathardi / respondent No.2 herein by which the application for injuncting the respondents from using the road which purportedly passes through the private property of the petitioner, has been rejected. 2.

I have heard the learned Advocate for the petitioner, the learned AGP on behalf of respondent Nos. 1 to 3 and Mr.Patil on behalf of respondent Nos. 4 to 14.

3.

The record reveals that during the pendency of the proceedings before the Authorities below, no injunction was clamped as against the respondents from using the said road. The petitioner vehemently khs/JAN.2017/8469-d

submits that there is no such road in existence and the respondents seek to create such a road.

4.

Considering the fact that Revision Application No.64/2016 filed by the petitioner is pending before respondent No.2 since 2016, ends of justice would be met by directing respondent No.2 to decide the revision proceedings as expeditiously as possible and preferably on or before 29/04/2017.

5.

In the light of the above, this petition is disposed of by recording the statement of the litigating sides that they would extend their co-operation to respondent No.2 and would not seek adjournment on unreasonable and trivial grounds. Respondent No.3 shall decide the revision application on its own merits on or before 29/04/2017.

( RAVINDRA V. GHUGE, J.) khs/JAN.2017/8469-d