Sayyed Shabbir Usmansab v. The State Of Maharashtra Through Its Minister And Others

10684.23WP+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 907 WRIT PETITION NO.10684 OF 2023 WITH WRIT PETITION NO.10685 OF 2023 SAYYED SHABBIR USMANSAB

VERSUS

THE STATE OF MAHARASHTRA & OTHERS ...

Advocate for the petitioner : Mr.D.A.Mane AGP for Respondent-State : Mr.N.T.Bhagat Advocate for Respondent nos.5 and 6 : Mr.R.P.Adgaonkar ...

CORAM :ARUN R. PEDNEKER, J.

DATE :05.09.2023 P.C. :

1] Heard the learned counsel for the parties.

2] The learned counsel for the parties are ad idem that there is suit i.e. Regular Civil Suit No.482 of 2013 pending before the Civil Judge Senior Division, Latur on the identical issue and that the revenue authorities would be bound by the decision of the Civil Court.

3] Depending upon the outcome of the Civil Suit, the parties are entitled to make an application to the

10684.23WP+ Revenue Authorities to mutate the revenue entries in the revenue record.

4] In view of the same, the present Writ Petitions are disposed of with direction to the Civil Judge Senior Division, Latur to decide the pending Civil Suit i.e. Regular Civil Suit No.482 of 2013 within a period of one year from the date of receipt of the order of this Court. 5] However, it is directed that during pendency of the Civil Suit before the Civil Court, there shall be no change in the mutation entry and this order would be subject to the outcome of the Civil Court proceedings. 6] The parties to co-operate before the Civil Court in deciding the matter.

[ARUN R. PEDNEKER] JUDGE DDC