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Bombay High CourtWP/12343/2018disposed offdismissed for default

Haribhau Laxman Tandale And Another v. Khemsing Harsing Khalsa And Others

2018-11-01Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

*1* 942wp12343o18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12343 OF 2018 HARIBHAU LAXMAN TANDALE AND ANOTHER

VERSUS

KHEMSING HARSING KHALSA AND OTHERS ...

Advocate for the Petitioners : Shri Patil Hanmant V.. AGP for Respondents 7 and 8 : Shri S.R.Yadav. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 01st November, 2018 Per Court:

The Petitioners, who are the original applicants before the Tahasildar, are aggrieved by the order passed by the Maharashtra Revenue Tribunal, Bench at Aurangabad dated 10.07.2018 by which, the proceedings before the District Collector in the appeal preferred by the Respondents, have been stayed.

The learned Advocate for the Petitioners strenuously submits that the Maharashtra Revenue Tribunal should not have stayed the proceedings before the District Collector as the said proceedings have reached the final hearing stage.

I find a peculiar situation. The Respondents approached the District Collector, Aurangabad. Before the decision in the proceedings,

*2* 942wp12343o18 they approached the Maharashtra Revenue Tribunal. The Maharashtra Revenue Tribunal issued the notices to these petitioners and they approached this Court.

In view of the above, this Writ Petition is disposed of with a direction to the Maharashtra Revenue Tribunal that as the matter is posted on 29.11.2018, it shall consider the rival contentions of the parties and shall decide whether, the parties should be relegated to the District Collector in the pending proceedings, which are at the stage of final hearing. The learned Maharashtra Revenue Tribunal shall pass a reasoned order expeditiously and in any case, on or before 31.12.2018. kps (RAVINDRA V. GHUGE, J.)