Mohan S/O. Mahadeorao Mahure And Others v. The State Of Maha., Through Its Secretary, Revenue Dept., Mumbai And Others

1 wp495.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.495/2016 Mohan s/o Mahadeorao Mahure and others ..Versus..

The State of Maharashtra, through its Secretary, Revenue Department, Mantralaya, Mumbai and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 25.1.2016 Heard Shri S.S. Dhengale, advocate for the petitioners. Relying on the judgment given by this Court in the case of Bija s/o Maroti Hatwar V/s. Kisan s/o Chirkut Padole and another reported in 2015(1) Mh.L.J. 282 it is submitted that the impugned order is unsustainable as the Sub-Divisional Officer has no jurisdiction to entertain and decide the revision under Section 23 of the Mamlatdars' Courts Act, 1906. Issue notice for final disposal returnable on 12th February, 2016.

Considering the fact that the Sub-Divisional Officer had granted interim order on 4th January, 2010 and accepting the statement made on behalf of the petitioners that the

2 wp495.16 subsequent order passed by Tahsildar on 12th November, 2013 after remand of the matter was not implemented, it is directed that the effect, operation and execution of the order passed by the Tahsildar, Chandur Bazar shall stand stayed until further orders.

Shri N.R. Rode, A.G.P. waives notice for respondents 1 to 3.

C.A.W. NO.153/2016.

Time of six weeks is granted to file the certified copy. The civil application is allowed accordingly. JUDGE Tambaskar.