Jamunadevi Wd/O. Girdhardas Chandak And Others v. State Of Maharashtra Thr. Secretary, Ministry Of Revenue And Forests, Mumbai And Others

1 W.P.No.2593.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 2593 OF 2021 Smt. Jamunadevi Wd/o Girdhardas Chandak and Ors., ..VS..

State of Maharashtra, through the Secretary, Ministry of Revenue and Forests, Mantralaya, Mumbai and Ors., --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Shri S. B. Mohta, Advocate for the petitioners. Shri N. R. Patil, A.G.P. for respondent Nos.1 to 5. CORAM : SUNIL B. SHUKRE AND ANIL S. KILOR, JJ.

DATED : 02.08.2021 Heard Shri Mohta, learned counsel for the petitioners and Shri N. R. Patil, learned A.G.P. for respondent Nos.1 to 5.

2.

The petitioners have filed an appeal before respondent No.4/the Deputy Director, District Land Records, Nagpur challenging the order passed by respondent No.5/the Superintendent of Land Records, Nagpur in S.R.No.532 of 2019-20 (185 of 2020-21 Ranchhoddas and One, Vs. Jamunabai and Ors.), which are proceedings of revenue appeal pending before respondent No.5.

3.

The petitioners apprehended that due to vacancy in the office of respondent No.4, the appeal as they have

2 W.P.No.2593.2021 filed before the Deputy Director, District Land Records, Nagpur would not be heard and no order could be passed. Now, pursis dated 02.08.2021 has been filed by learned counsel for the petitioners showing that the office of the Deputy Director, District Land Records, Nagpur Region/respondent No.4, is now presided over by Shri Balasaheb Kale and that he is going to take up the appeal for hearing and passing an appropriate orders in the matter. It is also submitted that on 30.07.2021, he heard the counsel for the petitioners and was pleased to issue notices to the respondents for preliminary hearing and that the notices have been made returnable on 12.08.2021. So, the one part of the grievance of the petitioners that their appeal may not be heard and decided by the incumbent of respondent No.4 office has been addressed properly and to this extent the petition has served its purpose.

4.

As regards the other part of the grievance that the post of Deputy Director, has not been filled up by making an appointment of a regular officer, which is lying vacant for since last two and half years, we are hopeful that even this grievance would be appropriately addressed to and removed by the State of Maharashtra at the earliest. After all, office of the Deputy Director, District Land Records is significant in the scheme of Maharashtra Land Revenue Code and other revenue matters and, therefore, it would not be advisable for the State of Maharashtra to not make any permanent appointment so as to fill up the vacant post of the Deputy Director at Nagpur.

3 W.P.No.2593.2021 5.

Accordingly, we direct respondent No.1 to make suitable regular appointment in accordance with law to the post of Deputy Director, District Land Records, Nagpur Region, Nagpur within a period of four weeks from the date of the order.

6.

The petition is disposed of accordingly.

JUDGE JUDGE Kirtak