Sheetal James v. The State Of Maharashtra Thoe. Govt. Pleader

Digitally signed by SHAGUFTA QUTBUDDIN PATHAN Date:

2025.07.14 18:35:33 +0530 SHAGUFTA QUTBUDDIN PATHAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6157 OF 2025 Sheetal James & Anr.

... Petitioners

Versus

The State of Maharashtra & Ors.

... Respondents Petitioners who appear in-person, are present Mr. B. V. Samant, Addl. G.P a/w Ms. M. S. Bane, A.G.P for the Respondent-State CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.

FRIDAY, 11 th JULY 2025 P.C :

Heard the petitioners appearing in-person.

Perused the petition. On 5th October 2018, this Court (Coram : A. S. Oka (as he then was) and M. S. Sonak, JJ.) had passed the following order in Writ Petition No. 4481/2018 filed by the very same petitioners. The said order reads as follows: "1. Not on board. Taken on board.

1/4

2.

Heard the petitioners appearing in person. All that we can make out from this petition is that it is a grievance of the petitioners that a Revision Application bearing No. 26 of 2015 filed under Section 76 of the Bombay Tenancy and Agricultural Lands Act, 1948, is pending before the Maharashtra Revenue Tribunal and it is not being heard. There are other allegations made regarding encroachment, danger to the life of the petitioners as well as danger to the life of the petitioners' animals. All these grievances will have to be addressed in proper proceedings and not in this Civil Writ Petition.

3.

If the petitioners want expeditious hearing of the pending Revision Application by the Maharashtra Revenue Tribunal, the petitioners will have to take out an application before the Maharashtra Revenue Tribunal pointing out reasons for giving out of turn priority to the Revision Application.

4.

Accordingly, we dispose of this petition by granting liberty to the petitioners to make an application to the Maharashtra Revenue Tribunal seeking a prayer for fixing an early date of hearing of the pending Revision Application. We are sure that if such application is made, the Tribunal will consider the same sympathetically and will pass appropriate order thereon as expeditiously as possible.

5. Subject to the above direction and subject to what is observed above, the writ petition is disposed of. " 2/4

The petitioners, appearing in-person, state that despite the aforesaid order, the Maharashtra Revenue Tribunal has not yet decided their revision application. Considering the grievance expressed by the petitioners, we deem it appropriate to call for a report from the concerned authority, namely the Maharashtra Revenue Tribunal, regarding the status of Revision Application No. 26/2015 filed by the petitioners under Section 76 of the Bombay Tenancy and Agricultural Lands Act, 1948.

A detailed report to be submitted by the concerned authority seized of Revision Application No. 26/2015, explaining why the said revision has remained pending since 2015. The report to be filed in the Registry of this Court within a period of two weeks.

The Registry to communicate this order to the concerned authority, i.e., the Maharashtra Revenue Tribunal, 3/4

Mumbai. The Registry shall ensure that a copy of this order is forwarded by fax or through a special messenger to enable timely compliance of this order.

Stand over to 30th July 2025. To be listed on the Supplementary Board.

DR. NEELA GOKHALE, J. REVATI MOHITE DERE, J. 4/4