Pandurang Namdev Mali And ORS v. Deputy Director Of Land Records, Pune Region, Pune And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6698 OF 2022 Pandurang Namdeo Mali and ors.

....Petitioners

Versus

Deputy Director of Land Record, Pune and ors. ....Respondents Mr. Pramod G. Kathane, advocate for the petitioners. Mr. S. L. Babar,AGP for respondent Nos.1 to 3. CORAM : PRASANNA B. VARALE & SHRIKANT D. KULKARNI, JJ.

DATE : 8th JUNE, 2022.

P.C. :

1.

Mentioned for production. Production granted and taken on production board.

2.

Heard learned counsel for the petitioners and learned AGP. 3.

In the peculiar circumstances, the petitioners are before this Court. Petitioner Nos.1 and 2 are the litigating parties in the proceedings arising out of the Maharashtra Land Revenue Code, 1966. It seems that certain order was passed in favour of the appellants in the proceedings before District Superintendent of Land Revenue Record, Sangli. A copy of the said order dated 15th January, 2020 is placed on record at Exhibit Digitally signed by SHUBHADA SHANKAR KADAM Date:

2022.06.10 13:16:39 +0530 1/3 SHUBHADA SHANKAR KADAM

'B', page 22. Being aggrieved by the said order, an appeal is preferred at the instance of respondent No.4-Sukhdev Namdev Mali being Appeal No.5168 of 2020. It seems that the appellant prayed for an interim order in the nature of grant of stay to the order impugned in the appeal, however, the said prayer was rejected by the Appellate Authority. 2.

Learned counsel for the petitioners submitted that though interim order prayer for stay is rejected, petitioner No.1, who is in his advanced age is desirous of early hearing of the appeal on its own merits and, as such, an application dated 18th June, 2022, was filed before the authority. In spite of waiting for considerable length of period, no order is passed on the said application. This being the limited grievance raised in the petition, we deem it appropriate to pass the following order:

O R D E R

(1) Respondent No.1- Deputy Director of Land Record, Pune, is directed to pass an order on the application dated 18th January, 2022 with a prayer for early hearing of the appeal submitted by the petitioner as expeditiously as possible and not later than six weeks from the date of receipt of the order of this Court.

(2) It is made clear that we have not made any observations on the merits of the appeal.

The writ petition stands disposed of.

2/3

3.

Learned AGP to communicate this order to respondent No.1Deputy Direct of Land Record, Pune. 4.

All concerned to act upon a copy of this order, duly authenticated by the Registry of this Court.

(SHRIKANT D. KULKARNI, J.) (PRASANNA B. VARALE, J.) 3/3