Kallappa Ningappa Patil v. Ld. Additional Divisional Commissioner Of Pune Division At Pune And ORS

by AARTI GAJANAN PALKAR Date:

2024.04.16 14:57:34 +0530 AARTI GAJANAN PALKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2037 OF 2024 Kallappa Ningappa Patil

...Petitioner

Versus

Ld. Additional Divisional Commissioner of Pune Division at Pune & Ors.

...Respondents

Ms Kalyani Mangave i/b. Manoj Patil, Advocate for Petitioner. Mr. A.I. Patel, Addl.G.P. a/w. Ms. Tanaya Goswanmi, AGP for Respondent-State.

CORAM

: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE : APRIL 15, 2024 P. C.

1.

Mentioned. Taken out of turn.

2.

The above Writ Petition is filed seeking the following reliefs: "a. Rule be issued.

b. This Hon'ble Court be pleased to issue writ of mandamus and or any other appropriate writ, order and or direction and to direct the Respondent No.1/Ld. Additional Divisional Commissioner of Pune Division at Pune to adjudicate and to

decide and dispose of the Revision Application No.244 of 2022 pending before the Ld. Additional Divisional Commissioner, Pune Division at Pune [annexed and marked as "EXHIBIT-C" to the Writ Petition] within a period of 4 weeks, in the interest of justice.

c.

Alternatively, this Hon'ble Court be pleased to issue writ of mandamus and or any other appropriate writ, order and or direction and to direct the Ld. District Colletor of Kolhapur to determine, calculate, assess and recover the Nazrana amount of 50% and penalty of 50% on Nazrana amount from the Petitioner and Revision Applicants payable as on 26.03.2007 as per G.R. dt. 9/7/2002 for regularization of their structures under the provisions of MLRC Code 1966.

d.

Relief be granted in terms of prayer clause (a) & (b). e.

Any other relief be granted as this Hon'ble Court deems fit, proper and adequate."

3.

The learned counsel appearing on behalf of the Petitioner has only pressed the above Petition in terms of prayer clause (b) reproduced above.

4.

Considering that this is the limited relief sought in the above Petition, we dispose of the above Petition by directing the Divisional Commissioner, Pune Division at Pune to decide and dispose of Revision Application No.244 of 2022 on or before 29th June, 2024.

5.

Though we have disposed of the above Writ Petition, we place the same on board for reporting compliance on 1st July, 2024. 6.

This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on [SOMASEKHAR SUNDARESAN, J.] [B.P. COLABAWALLA, J.]