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Bombay High CourtWP/7035/2023disposed off

Ramrao S/O Munaji Anbhore And Others v. The State Of Maharashtra, Thr. The Chief Secretary, Mumbai And Others

2023-10-18Hon'Ble The Chief Justice,Hon'Ble Shri Justice A.S. Chandurkar2 pages

2023:BHC-NAG:15298-DB WP.7035.23

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT NAGPUR, NAGPUR.

...

WRIT PETITION NO. 7035/2023 Ramrao s/o Munaji Anbhore and others .. Petitioners versus State of Maharashtra and others ..Respondents ............................................................................................. Mr.R.Vyawahare,Adv.h/for Mr R.J.Mirza, Advocate for petitioners Ms. N.P. Mehta, Addl.GP for Respondents nos. 1 to 3 ............................................................................................. CORAM: DEVENDRA KUMAR UPADHYAYA, CJ.

AND A.S.CHANDURKAR, J.

DATE : 18th October 2023.

PC:

The learned Addl.GP has put in appearance and waives service of notice on behalf of respondent nos.1,2 and 3. The Respondent no.4 is a formal party.

2.

The prayer made in this petition is that a direction be issued to the respondent no.3-Tahsildar, Tal. Murtizapur Dist. Akola, to decide the application dated 10.02.2023 made by the petitioners, with a prayer to set aside the order dated 22.03.2001 passed by the Tahsildar.

3.

Having regard to the innocuous nature of the prayer made by the petitioners, we dispose of the petition with a direction to respondent no.3 to consider and decide the said application strictly in accordance with law, after giving opportunity of hearing to all the concerned. We make it clear

WP.7035.23 that all the issues raised in the petition shall be open to the petitioners as also to the respondents, including the issue of limitation in moving the application which has been sought to be considered/decided by the Tahsildar.

4.

The decision under this order shall be taken by the Tahsildar strictly in accordance with law, as expeditiously as possible, and in any case, within a period of three months from the date of receipt of certified copy of this order. 5.

The writ petition is, thus, disposed of in the aforesaid terms.

(A.S.CHANDURKAR, J.) (CHIEF JUSTICE) sahare