Adinath Swamy Jain Digamber Kashtasangai San. At Anjangaon (Surji) Thr. Secy., Ashok Kumar Sangai v. Sahebrao S/O Late Mahadeorao Gole And Others

2023:BHC-NAG:13243 92Awp3428-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No.3428 of 2021 Adinath Swamy Jain Digamber Kashtasangai San. At Anjangaon (Surji) Thr. Secy., Ashok Kumar Sangai Vs Sahebrao S/O Late Mahadeorao Gole And Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri A. Shelat, Advocate for the Petitioner/s Shri Thakkar, Adv. h/f Shri D.S. Patil, Advocate for the respondent No.1 CORAM : ANIL S. KILOR, J.

DATED : 06.09.2023 1.

Heard.

2.

In the present petition, the petitioner has made following prayer:

"a) Issue an appropriate writ, order or directing to quash and set aside the proceedings initiated by respondent No.1 herein (Revision Petitioner) before the Hon'ble Maharashtra Revenue Tribunal Nagpur in Revision No.TNC/AMR29/2019 (the Impugned Proceedings), which has been annexed herewith at ANNEXURE - B & the Certified copy of the petition at ANNEXURE - B1."

3.

From the payer, it is apparent that maintainability of the revision before the Maharashtra Revenue Tribunal (MRT), is under challenge in this petition.

4.

There is no dispute that the petitioner can raise a preliminary objection as regards the maintainability of the proceedings before the Maharashtra Revenue Tribunal (MRT), Nagpur by filing an appropriate objection.

nd.thawre

92Awp3428-2021.odt 5.

Accordingly, the writ petition is disposed of with a direction to the MRT, Nagpur to decide the revision application within three months from the date of appearance of the parties. 6.

The parties shall appear before the MRT, Nagpur on 27.09.2023 at 10.30. a.m.

[ANIL S. KILOR, J.] nd.thawre