Shri Sitaram Maharaj Sansthan Walgaon Through Sole Trustee Shri Anant Prasad Laxminivas Ganeriwal v. Shri Shridhar Pawar S/O Late Shri Keshavraoji Khushalraoji Pawar And Others

2024:BHC-NAG:1430 1 13-WP1318-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.

OF 20 (SITARAM MAHARAJ SANSTHAN..VS.. SHRIDHAR PAWAR LATE KESHAVRAOJI PAWAR & OTH) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Vinay Sharma, Advocate for Petitioner.

Shri R.D.Bhuibhar, Advocate for Respondent Nos. 8 to 10 & 13. Shri B.M.Lonare, A.G.P. for Respondent No.14. CORAM : A NIL S. KILOR , J.

DATED : JANUARY , 20 .

1.

Heard.

2.

This writ petition takes exception to the three orders dated 11/02/2020 passed by the Sub-Divisional Officer, Amravati below three different applications namely (i) for taking on record the written notes of arguments and certified copies of various orders from 06/05/2019; (ii) application under Order 7 Rule 14(3) of the Code of Civil Procedure and (iii) the application for resuming cross-examination and deciding certain pending applications. All the three applications came to be rejected by the Sub-Divisional Officer on the ground that crossexamination is going on and therefore, the applications cannot be considered.

3.

The proceeding, which is pending before the Sub-Divisional Officer, is filed under Section 120 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (hereinafter referred to as "the Act"), for eviction.

2 13-WP1318-2020 4.

It is apparent on the face of the record that no reasons are recorded by the Sub-Divisional Officer to reject the application except a reason that the crossexamination is going on. The said ground for rejection of the applications was not sufficient when the SubDivisional Officer ought to have considered the applications independently and decided the same either way on merit.

5.

In the circumstances, since the Sub-Divisional Officer has failed to pass the reasoned orders on all the three applications, no option left with this Court than to remand the matter back to the Sub-Divisional Officer to decide all the three applications afresh.

6.

Accordingly, I pass the following order:

i) The Writ Petition is partly allowed.

ii) The impugned orders dated 11/02/2020 passed by the Sub-Divisional Officer, Amravati in Revenue Case No.1/59(32)/Walgaon/20122013 is hereby quashed and set aside. iii) The matter is remanded back to the SubDivisional Officer, Amravati for deciding all the three applications afresh, after hearing both the parties.

3 13-WP1318-2020 iv) The parties shall appear before the SubDivisional Officer, Amravati on 08/02/2024 at 11:00 a.m.

v) The Sub-Divisional Officer shall decide the applications within fifteen days from the date of appearance of the parties.

vi) The proceedings under Section 120 of the Act is expedited.

The Writ Petition is disposed of accordingly. No order as to costs.

JUDGE RRaut..