Shriram Sansthan, Ukhdibazar, Thr. Trustee Of Trust- Shri. Kamalkishor Vithaldas Rathi And ORS v. State Of Maharashtra, Thr. Secretary, Revenue Department, Mumbai And Others

2023:BHC-NAG:13600-DB 59-WP-5116-2023.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO. 5116 of 2023 Shriram Sansthan, Ukhdibazar through Trustee-Shri Kamalkishor V.Rathi and others vs.

State of Maharashtra, through its Secretary, Revenue Department, Mumbai and others. --------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Ms S.W.Deshpande, Advocate for petitioners.

Shri A.S.Fulzele, Additional Government Pleader for respondent no. 1. CORAM :- A.S.CHANDURKAR AND MRS. VRUSHALI V. JOSHI, JJ. DATE :- 12th SEPTEMBER 2023 The grievance of the petitioner-Sansthan is that despite the interim order passed by the Maharashtra Revenue Tribunal, Nagpur in Case No. REV/TNC/AKO-46/2021, the Tahsildar has passed an order dated 16.01.2023 on the basis of which the sale deed has been executed by the respondent no.2. The present proceedings were filed on the ground that the learned Member, Maharashtra Revenue Tribunal was not available.

2.

On instructions, it is submitted that the learned Member, Maharashtra Revenue Tribunal is available.

3.

In view of aforesaid, the petitioner- Sansthan is at liberty to take all such steps as are permissible in law for raising the grievance to the passing of the order dated 16.01.2023 by the Tahsildar and execution of the sale deed thereafter by the respondent no.2. All points raised in the writ petition are kept open. The writ petition is disposed of. No costs.

(MRS. VRUSHALI V. JOSHI, J.) (A.S.CHANDURKAR, J.) Andurkar.