Syed Mohammad Ali Haji Bande And v. The Maharashtra Revenue Tribunal, Nagpur And Others

2024:BHC-NAG:11154 1 wp 2229.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No.2229/2024 (Syed Mohammad Ali and others V Maharashtra Revenue Tribunal, Nagpur and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. C.A. Babrekar, Advocate for petitioners.

Mr. S.S. Deshpande, Advocate for resp. no.3.

Mr. P.K. Mohta, Advocate for resp. nos. 4 to 6. Mr. Autkar, AGP for resp. nos.1 and 2.

CORAM : N.R. Borkar, J.

DATE : 01-10-2024.

This petition takes exception to the order dated 27-02-2024 passed by the learned Maharashtra Revenue Tribunal, Nagpur (for short, 'MRT') in Appeal No.RESTO/TNC/ AKO-02/2023.

ii.

By the order impugned, the learned MRT has refused to restore the revision filed by the petitioners, which was dismissed for want of prosecution.

iii.

The learned Counsel for the petitioners submits that matter remained unattended before the MRT due to COVID-19 pandemic. It is submitted that the learned MRT has refused to restore the revision on factually incorrect ground.

iv.

On the other hand, the learned Counsel for the contesting respondents submits that the learned MRT has rightly

2 wp 2229.24.odt refused to restore the application as no steps were taken in the matter since long.

v.

I have perused the impugned order. There appears to be substance in the submissions of the learned Counsel for the petitioners. In that view of the matter, the order impugned is set aside. The revision is restored on the file of the learned MRT. vi.

The learned MRT shall endeavour to decide the revision on its own merits within a period of four months from the date of receipt of copy of this order.

vii.

The petition is disposed of in above terms.

(N.R. Borkar, J. ) Deshmukh