Shri Bapuji Babaji Sawant v. The State Of Maharashtra Through The Secretary And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4634 OF 2020 Bapuji Babaji Sawant

...Petitioner

vs.

The State of Maharashtra and Ors.

...Respondents

Mr. S.M. Sabrad i/b. Ms. Neha Parte, for the Petitioner Mr. P.P. Pujari, AGP for Respondents-State.

CORAM : N. J. JAMADAR DATE :

MARCH 11, 2020 P.C.:

.

Heard the learned counsel for the parties.

2.

The Petitioner who is the original Defendant No. 8 in R.C.S. No. 40 of 1996 seeks a limited relief of a direction to Respondent No. 1 to expeditiously hear and decide the stay application preferred in Revision Application No. 185 of 2020 preferred against the order passed by Respondent No. 2 - The Additional Commissioner, Kokan Division in Appeal No. 5 of 2019 whereby the Commissioner confirmed the order passed by Respondent No. 3 in Appeal No. 2 of 2018 who had in turn 1/3

confirmed the proposed partition of the Suit land pursuant to the decree passed by the Civil Court in R.C.S. No. 63 of 2013 th February, 2014.

dated 27 2.

The Petitioner has approached this Court as a notice for effecting the partition as proposed and confirmed by the revenue authorities up to Additional Commissioner came to be th February, 2010 fixing 11 th March, 2020 as a date issued on 24 for taking over and the delivery of the possession of the respective partitions of the suit land.

3.

The learned AGP on instruction submits that ten weeks time be stipulated for hearing of the Revision Application as the State Legislature is in Session.

4.

The Petitioner has preferred Revision Application No. 185 of 2020 before the State Government. An application for stay is also filed therein. The authority is expected to decide the application for interim relief, if it is not possible to hear the 2/3

Revision Application. If the application for interim relief is not decided, the Petitioner would be left in the lurch, in the event authorities give effect to the partition as proposed. Hence, the Respondent No. 1 shall make an endevour to decide the stay application in Revision Application No. 185 of 2020 within a th March, 2020 on which date the period of three weeks from 16 Petitioner shall appear before the Respondent No. 1. 5.

The Petition stands accordingly disposed of.

th 6.

The authorities shall not act upon the letter dated 24 th March, 2020.

February, 2020 till 16 (N.J.JAMADAR, J.) 3/3