Keru Krushana Bhise Died Thru Lhrs v. The State Of Maharashtra Thr Minister Of Revenue Or Secretary Of Revenue Dept. And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.15136 OF 2024 Keru Krushana Bhise (Since Deceased) Through LRs.: Bhimrao Keru Bhise and Anr.

.. Petitioners Vs.

State of Maharashtra, Through Minister of Revenue and Ors.

.. Respondents Mr. Sandeep Koregave with Ms. Pallavi A. Karanjkar, Advocates for the Petitioners.

Mr. B.V. Samant, Additional Government Pleader with Smt. M.S. Srivastava, Assistant Government Pleader for Respondent Nos.1 to 6-State of Maharashtra.

CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 24TH OCTOBER 2024.

P.C. :

1.

In revenue proceedings initially filed under the provisions of the Maharashtra Land Revenue Code, 1966, the petitioners have filed a Revision under Section 257 of the Maharashtra Land Revenue Code, 1966 for challenging the order dated 11th July 2024 passed by the Additional Divisional Commissioner, Pune Division, Pune. During pendency of the said appeal, a notice has been issued by the Revenue Officer seeking to implement the earlier order dated 11th July 2024 passed by the Additional Divisional Commissioner. Hence, the petitioners have approached this Court.

1/2 Digitally signed by SNEHA ABHAY DIXIT Date:

2024.10.25 12:21:57 +0530 Dixit SNEHA ABHAY DIXIT 905-WP-15136-2024.doc

2.

Considering the nature of directions proposed to be issued, service on respondent no.7 is dispensed with. The learned Additional Government Pleader waives notice for respondent nos.1 to 6. 3.

Since the petitioners' revision application is pending before the State Government, the following directions would serve the ends of justice : (a) Within a period of three weeks of receiving copy of this order, the respondent no.1 through the Competent Authority shall consider the petitioners' stay application on its own merits and decide it in accordance with law after hearing the respondent no.7.

(b) Till the said prayer for grant of stay is considered, no further steps be taken to implement the order dated 11th July 2024 passed by the Additional Divisional Commissioner, Pune Division, Pune in RTS/80/2022. (c) These directions are without prejudice to the rights and contentions of respondent no.7.

(d) The petitioners shall serve copy of this order on the respondent no.7.

4.

Keeping all points raised on merits open, the writ petition is disposed of.

[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] 2/2 905-WP-15136-2024.doc Dixit