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Bombay High CourtWP/14511/2024transfer to other court

Vishnu Dyanu Patankar And ORS v. The State Of Maharashtra Thr Chief Secretary, Revenue Dept. And ORS

2024-10-21Hon'Ble Shri Justice Milind N. Jadhav2 pages

24-WP-14511-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14511 OF 2024 Vishnu Dyanu Patankar And Ors.

...Petitioners

Versus

The State Of Maharashtra Thr Chief Secretary, Revenue Dept. And Ors.

...Respondents

------ Adv. Uday Warunjikar a/w Sonali R. Chavan & Rohit Gupta i/b Santosh Murale for the Petitioners.

Adv. Deepak Lad for Respondent Nos. 9 & 10.

Adv. A. C. Bhadang, AGP for the State.

Adv. Vivek Arote for Respondent Nos. 6.

------ Coram : Sharmila U. Deshmukh, J.

Date : October 21, 2024.

P. C. :

1.

Learned Advocate for Respondent No.6 submits that the copy of the Petition is not served.

2.

Let the copy of the Petition be served upon Respondent No. 6 in the course of the day.

3.

Adv. Dr. Warunjikar would submit that the Mutation Entry which was standing since last 26 years was challenged by Respondent No. 6 without any delay condonation application which came to be rejected by the SDO and up to the Additional Commissioner. He submits that in the revision before the Hon'ble Minister in which also there was a delay, the Hon'ble Minister has condoned the delay and set aside the Mutation Entry itself. He submits that the proper course would have Harish 1 of

24-WP-14511-2024.doc been to remand the matter to the SDO to permit the Respondent No. 6 to file an application for condonation of delay and instead the Hon'ble Minister has decided the matter on merits. 4.

Learned counsel for Respondent No. 6 seeks time. 5.

List the Petition on 11th November, 2024.

[Sharmila U. Deshmukh, J.] Harish 2 of Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 22/10/2024 19:08:36