Shri. Hanmant Bhagwan Rajage And ORS v. The State Of Maharashtra Through The Secretary Of Revenue Dept And ORS

wp­2526­15­(909)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2526 OF 2015 Shri Hanmant Bhagwan Rajage & Ors.

..Petitioners Vs.

The State of Maharashtra through the Secretary of Revenue Dept & Ors.

..Respondents Mr. R. V. Bansode for the Petitioners Mrs Gauri Rao AGP for the Respondent Nos.1 to 5 Mr. Vaibhav Gaikwad for the Respondent No.7 to 9 CORAM :

R. M. SAVANT, J.

DATE :

5th APRIL, 2016 P.C.

After arguing for sometime, the Learned Counsel for the Respondent Nos.7 to 9 Mr. Vaibhav Gaikwad, who are the proponents of the application which is annexed to the above Petition at Exhibit A seeks withdrawal of the said application with liberty to file a fresh application with an application for condonation of delay. It is required to be noted that on the basis of the said application correction has been carried out and draft scheme has been published and in respect of which objections and suggestions have been invited which notice is annexed at Exhibit J page 99 to the above Petition. In view of the said statement made by the Learned Counsel appearing for the Respondent Nos.7 to 9 there is no warrant to consider the impugned order i.e. the order dated 29­10­2014 on merits. The impugned order would accordingly stand set aside. The Respondents would be at liberty to file a fresh mmj

wp­2526­15­(909) application before the Superintendent of Land Records, Satara with an application for condonation of delay. The said application if filed would undoubtedly be considered on its own merits and in accordance with law. The authorities are directed not to modify the consolidation scheme which would undoubtedly be contingent upon the decision that would be rendered in the application filed by the Respondent Nos.7 to 9. With the aforesaid observations the above Petition is disposed of.

[R.M.SAVANT, J] mmj