Dilip Shantilal Mehta v. The State Of Maharashtra And Others

1 WP11639.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11639 OF 2015 Dilip Shantilal Mehta .. Petitioner

Versus

The State of Maharashtra and Others .. Respondents Shri Amol K. Gawali, Advocate for the Petitioner. Shri A. P. Basarkar, A. G. P. for Respondent Nos. 1 to 4. Shri P. N. Khedkar, Advocate for the Respondent No. 5. Shri V. D. Hon, Senior Counsel h/f Shri A. V. Hon and Dilip B. Rode, Advocate for the Respondent Nos. 6 and 7. CORAM : S. V. GANGAPURWALA AND A. M. BADAR, JJ.

DATE : 06TH JANUARY, 2016.

PER COURT :- 1.

We have heard Mr. Gawali, the learned counsel for the petitioner, Mr. Hon the learned Senior Counsel for respondent Nos. 6 and 7 and the learned counsel for the Corporation.

2.

There are rival contentions. We are not inclined to enter into the merits of the said contentions more particularly in view of the fact that, Revision is pending before the Hon'ble Minister against the order passed by the Deputy Director of Land Records, Nashik.

3.

On 02nd December, 2015, this Court had observed that, respondent Nos. 6 and 7 undertake not to dispose of

2 WP11639.15 the property in question and not to create third interest and henceforth not to carry out further construction over the property. The respondent Nos. 6 and 7 agree to continue the said undertaking till the disposal of Revision by the Hon'ble Minister filed by the present petitioner against present respondent Nos. 6 and 7. The said statement is accepted. The Hon'ble Minister shall decide the said Revision filed by the present petitioner against the order of the Deputy Director of Land Records, Nashik expeditiously, on its own merits, in accordance with law, after hearing all parties concerned and preferably within six (6) months. 4.

Writ petition is accordingly disposed of with aforesaid observations.

[ A. M. BADAR, J. ] [ S. V. GANGAPURWALA, J. ] sam/Jan.15