Bombay High CourtWP/3809/2017ca disposed off

Maa Jija Mata Land Developers, Thr. Partner, Narendra S/O Jagannath Kubde, Nagpur v. State Of Maharashtra Thr. Secretary, Department Of Revenue, Mumbai And Others

2017-09-20Hon'Ble Shri Justice S.C. Gupte2 pages

1 wp3809.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.3809 OF 2017 (MAA JIJA MATA LAND DEVELOPERS..VS..STATE OF MAH. & 4 OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.I.Agrawal, Advocate for Petitioner.

Shri Neeraj Patil, A.G.P. for Respondent Nos. 1 to 4. Shri B.C.Pal, Advocate for Respondent No.5.

CORAM : S.C.GUPTE, J.

DATED : SEPTEMBER 20, 2017.

After the matter is heard at some length, it is agreed between the learned counsel for the contesting parties that the impugned order passed by respondent No.4 shall be quashed and set aside and the matter of cancellation of mutation entry will be heard afresh by respondent No.4. The petition is accordingly disposed of by quashing and setting aside the impugned order passed by respondent No.4-Tahsildar and directing him to consider the matter of cancellation of mutation entry afresh after hearing both the petitioner and respondent No.5-herein. It is made clear that all the rights and contentions of the parties on merits are kept open. It is also made clear that the observations of this Court in its order dated 21st June, 2017 are merely tentative for the purpose of issuance of notice and interim relief and shall not influence respondent No.4-Tahsildar in hearing the matter afresh, in any manner.

2 wp3809.17 Both the contesting parties shall appear before respondent No.4-Tahsildar on 9th October, 2017 at 11.00 a.m. and shall produce a copy of this order, duly authenticated by Sheristedar of this Court. The Tahsildar shall hear the parties and decide the matter of cancellation of mutation entry within a period of four weeks thereafter.

The petition is disposed of in the above terms with no order as to costs.

JUDGE RRaut..