Laxman Krishnaji Chimurkar, Thr. P.O.A., Shri. Naresh Laxman Chimurkar v. The Deputy Director Of Land Record, Nagpur Region, Nagpur And Others

2024:BHC-NAG:7026 4-cwp-3960-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH: NAGPUR WRIT PETITION NO. 3960 OF 2024 Laxman K. Chimurkar

...Petitioner

Versus

1.

The Deputy Director of Land Record, Nagpur Region, Nagpur 2.

The District Superintendent of Land Record, Chandrapur 3.

The Deputy Superintendent of Land Record, Chandrapur 4.

Vithabai K. Kohade 5.

Smt. Sarita M. Chimurkar 6.

Vaishali M. Chimurkar 7.

Jyotsna M. Chimurkar 8.

Milind M. Chimurkar 9.

Pallavi M. Chimurkar 10.

Sadashiv M. Chimurkar 11.

Sanjay M. Chirmurkar 12.

Raju M. Chimurkar 13.

Minubai P. Bhadakkar 14.

Janubai M. Chimurkar

...Respondents

Ms Kirti Satpute for the Petitioner.

Ms Payal Bawankule, AGP for the Respondent/State.

CORAM

:

N. R. BORKAR, J.

DATE :

04 JULY 2024.

PC:- .

This petition takes exception to the order dated 26.7.2023 passed by respondent No.1 - Deputy Director of Land Record, Nagpur in Appeal No. S.R.No.30 of 2018.

2.

The petitioner herein had filed appeal before respondent No.2 - District Superintendent of Land Record, Chandrapur against mutation entry No. 112 of 1995. Respondent No.2 by order dated 13.8.2018 remanded the matter back to the Dinesh S. Sherla 1/2

4-cwp-3960-24.doc respondent No.3 - Deputy Superintendent of Land Record, Chandrapur for denovo inquiry / re-inquiry. The respondent No.2, while remanding the matter back has made certain observations in it's order. The petitioner being aggrieved by those observations had filed the appeal before respondent No.1. The same came to be dismissed by the order impugned. 3.

I have heard the learned counsel for the petitioner, learned AGP for Respondent Nos.1,2 and 3.

4.

Considering the facts and circumstances of the case, the following order is passed.

A] The petitioner is permitted to raise all the contentions on the merits of the matter before respondent No.3 - Deputy Superintendent of Land Record, Chandrapur. Respondent No.3 shall deal with said contentions on their own merits without being influenced by the findings, if any, recorded by respondent No.1 - Deputy Director of Land Record, Nagpur Region, Nagpur and respondent No.2District Superintendent of Land Record, Chandrapur in the impugned orders.

B] The petition is disposed of in the aforesaid terms. 5.

Pending Application(s), if any, are disposed of. (N.R. BORKAR, J.) Dinesh S. Sherla 2/2 Signed by: DINESH SHERLA Designation: PS To Honourable Judge Date: 08/07/2024 17:17:23