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Bombay High CourtWP/18853/2024disposed off

Ravindra Kashinath Thakur And ANR v. The State Of Maharashtra Thr Its Secretary And ORS

2024-12-16Hon'Ble Shri Justice Rajesh S. Patil , Hon'Ble Shri Justice A.S. Chandurkar2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.18853 OF 2024 Ravindra Kashinath Thakur and Anr.

.. Petitioners Vs.

The State of Maharashtra and Ors.

.. Respondents Mr. Ashutosh Kulkarni with Mr. Vaibhav R. Gaikwad, Advocates for the Petitioners.

Mr. J.M. Sanklecha, 'B' Panel Counsel for the Respondent-State of Maharashtra.

CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 16TH DECEMBER 2024.

P.C. :

1.

By this petition, the petitioners challenge the notices dated 27th November 2024 issued by respondent no.4 and 4th December 2024 issued by respondent no.2 proposing to take action under Section 53 of the Maharashtra Land Revenue Code, 1966. It is the case of the petitioners that issuance of such notices by respondent nos.2 and 4, respectively, is not at all warranted in the facts of the case. 2.

Considering the fact that the impugned notices seek the response of the petitioners, they can respond to the same and raise all available grounds. In these facts, the following directions would serve the ends of justice :- (a) Respondent no.2 is directed to adjudicate the notices dated 27th November 2024 and 4th December 2024 after hearing the petitioners and all noticees. (b) Parties are at liberty to produce relevant documents at the time of hearing.

Digitally signed by SNEHA ABHAY DIXIT Date:

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(c) In case any adverse order is passed, the same shall not be acted upon for a period of fifteen days of passing of the order.

(d) In case any party is aggrieved by the final adjudication as undertaken, it is open for such party to initiate appropriate proceedings in accordance with law. (e) All issues on merits are kept open.

3.

The writ petition is accordingly disposed of with aforesaid directions. Parties to act on authenticated copy of this order. [ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] Digitally signed by SNEHA ABHAY DIXIT Date:

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