Smt. Sona Annu Kadam (Decd) Through Lrs. v. The State Of Maharashtra And ORS

1 wp10724-14 sas

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10724 OF 2014 Smt. Sona Annu Kadam (Decd) through LR's ..Petitioners.

Vs.

The State of Maharashtra & Ors.

..Respondents.

Mr.Vivek Salunkhe for the petitioners.

Mrs.M.P.Thakur, AGP for the respondents.

CORAM : A.S. OKA & A.K. MENON, JJ.

DATED : 27TH FEBRUARY, 2015 P.C.

1.

Heard the learned counsel appearing for the petitioners and the learned AGP for the respondents. The prayer made in this petition is for the implementation of the directions issued under the order dated 30th August, 2014 passed by the Hon'ble Minister of State for the Revenue Department. The learned AGP states that she has addressed a letter to the District Collector, but she has received no instructions. She states that she has not received instructions whether the said order was challenged by any of the parties. 2.

There is nothing placed on record to show that the said order dated 30th August, 2013 passed by the Hon'ble Minister has been challenged by any party.

3.

There is nothing placed on record to show that the said order is not operative. Therefore, the said order will have to be implemented. However, to enable any person aggrieved by the said

2 wp10724-14 order to file appropriate proceedings, we propose to direct that the order shall be implemented after the expiry of a period of three months from today.

4.

Hence, we dispose of the petition by passing the following order:- (i) We direct the petitioner to appear before the Tahsildar, Shirol on 8th June, 2015;

(ii) The petitioner shall produce an authenticated copy of this order as well as a certified copy of the order dated 30th August, 2014 before the Tahsildar, Shirol;

(iii) The Tahsildar, Shirol shall call for the report on the question whether the order dated 30th August, 2014 continues to operate as on 8th June, 2015;

(iv) If the said order continues to operate as on 8th June, 2015, the Tahsildar shall take steps for implementation of the said order within a period of one month from 8th June, 2015; (v) We make it clear that we have not made any adjudication on the legality of the order dated 30th August, 2014; (vi) The petition is disposed of in the above terms; (vii) All concerned to act upon an authenticated copy of this order. (A.K. MENON, J.) (A.S. OKA, J.)