Harbell Hotels Private Limited v. Zubaida Begum W/O. Late Nawab Mir Zulfekhar Jah Bahadu Thru Poa Md. Javed Md. Hanif Shaikh And Or

WP12050_19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12050 OF 2019 Harbell Hotels Private Limited ...

Petitioner Vs.

Zubaida Begum w/o. Late Nawab Mir Zulfekhar Jah Bahadu thru POA Md. Javed Md. and others ...

Respondents Mr. A. Y. Sakhare, Senior Advocate a/w. Mr. Shyamsundar Solanke i/b. PNP and Associates for Petitioner.

Dr. Abhinav Chandrachud a/w. Ms Sayali Pari and Mr. Vikas Kumbhar i/ b. P. V. Nichani & Co. for Respondent No.1.

Mr. P. P. Kakade, Government Pleader a/w. Mr. S. L. Babar, AGP for Respondent Nos.2, 3, 6 and 7-State.

CORAM : UJJAL BHUYAN, J.

DATE :

DECEMBER 06, 2019 P.C. :

Heard Mr. Sakhare, learned Senior Counsel for the petitioner; Dr. Abhinav Chandrachud, learned counsel for respondent No.1; and Mr. S. L. Babar, learned AGP for respondent Nos.2, 3, 6 and 7-State. 2.

Considering the controversy in question and the order that is proposed to be passed, issuance of formal notice is considered not necessary as the case is taken up for disposal at the admission stage itself.

3.

Without entering into the rival contentions what is noticeable is that petitioner has filed a review application under Section 258 of the Maharashtra Land Revenue Code, 1966 before respondent No.7 for review of order dated 17.07.2019 passed in Revision Application No.RTS-3517/C.No.54/J5 A filed by respondent No.1. 4.

The review application was received in the office of respondent No.7 on 21.09.2019. However, because of various reasons, the review application has not been heard.

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WP12050_19.doc 5.

After hearing learned counsel for the parties and on due consideration, Court is of the view that respondent No.7 should take on Board the above review application filed by the petitioner and decide the same expeditiously and in accordance with law. 5.1.

Let respondent No.7 hear and decide the review application on its own merit within a period of 6 weeks from today. During the interregnum, order dated 17.07.2019 passed by respondent No.7 in revision shall not be acted upon.

5.2.

No opinion is expressed on merit.

6.

Writ Petition is disposed of.

(UJJAL BHUYAN, J.) Minal Parab 2/2