Kalpana Bhiwa Khandekar v. The State Of Maharashtra Thr. Principal Secretary Revenue And Forest Dep. And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14682 OF 2024 Kalpana Bhiwa Khandekar .. Petitioner Vs.

The State of Maharashtra, Through Revenue & Forest Department and Ors.

.. Respondents Mr. Sachin Thorat with Mr. Yogesh Thorat and Mr. Prajwal Thorat, Advocates for the Petitioner.

Mr. N.C. Walimbe, Additional Government Pleader with Ms. Kavita N. Solunke, Assistant Government Pleader for the Respondent-State of Maharashtra.

CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 29TH NOVEMBER 2024.

P.C. :

1.

Pursuant to the order dated 24th October 2024, steps have been taken to serve respondent nos.5 to 10. The office report shows that respondent nos.5(a) to 5(d) and 6 to 8(c) have been duly served. The learned counsel for the petitioner has tendered affidavit-of-service to indicate that the notice sent by speed post to respondent no.9 was unserved as the respondent no.9 refused to accept the same. Respondent no.10 has also been served.

2.

The Revision Application preferred by the petitioner for challenging the order dated 21st July 2017 passed under Section 257 of the Maharashtra Land Revenue Code, 1966 is pending with the State Government since 17th January 2020. Since the stay application preferred by the petitioner has also not been considered, the petitioner has approached this Court. The petitioner seeks expeditious consideration of the same.

1/2 Digitally signed by SNEHA ABHAY DIXIT Date:

2024.11.29 16:57:48 +0530 Dixit SNEHA ABHAY DIXIT 8-WP-14682-2024.doc

3.

Considering the fact that the Revision Application was filed on 17th January 2020 and the stay application is yet to be considered, the following directions would serve the ends of justice :- (a) The Revision Application having been filed on 17th January 2020, it is directed that the stay application filed therein be decided within a period of three weeks and preferably by 21st December 2024.

(b) Till the prayer for grant of interim relief in the said proceedings is considered, it is directed that the position as prevailing today shall be maintained by the parties. This direction is without prejudice to the rights and contentions of the respective parties. (c) All points on merits are kept open.

4.

The writ petition is disposed of.

5.

Parties to act on authenticated copy of this order. [ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] 2/2 8-WP-14682-2024.doc Dixit