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

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6157 OF 2025 Sheetal James .....Petitioner Vs.

The State of Maharashtra & Anr.

.....Respondents Ms. Sheetal James Petitioner present in person. Mr. B.V. Samant, Addl. GP and Mrs. M.S.Bane, AGP for RespondentState. CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.

DATE : 30th JULY 2025.

P.C.:- 1.

On 11th July 2025, this Court passed the following order: "1 Heard the petitioners appearing in-person. 2 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.

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 1/5

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." 3 The petitioners, appearing in-person, state that despite the aforesaid order, the Maharashtra Revenue Tribunal has not yet decided their revision application.

4 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 2/5

Revision Application No. 26/2015 filed by the petitioners under Section 76 of the Bombay Tenancy and Agricultural Lands Act, 1948.

5 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. 6 The Registry to communicate this order to the concerned authority, i.e., the Maharashtra Revenue Tribunal, 7 Stand over to 30th July 2025. To be listed on the Supplementary Board."

2.

Pursuant thereto, the President, Maharashtra Revenue Tribunal (MRT) has tendered his explanation as to why the Revision Application No.26 of 2015 is pending since 2015. We have perused the explanation and do not find the explanation satisfactory. The COVID-19 pandemic and non-service of notices to the Respondents cannot be the sole criteria for delaying the hearing of the matter before the MRT more particularly, when this Court in 2018 had expedited the hearing of the Revision Application No.26 of 2015 pending before the MRT. It appears from the report sent by the President, MRT that the next date given by the MRT is 16th September 3/5

2025.

3.

Considering the allegations made by the Petitioner in the aforesaid Petition and the order passed by this Court on 5th October 2018, we request the President, MRT to pre-pone the date of hearing of Revision Application 26 of 2015 to 18th August 2025. We also request the Tribunal to ensure that service of notice to the Respondents is effected only through the Registry. 4.

It is always open for the MRT to take appropriate steps in the event, none appears for the Respondents despite service. 5.

Considering that the Revision Application is of 2015, We direct the MRT to dispose of the aforesaid Revision Application within eight weeks from 18th August 2025.

6.

List the present Petition for 'Recording Compliance' of the aforesaid order on 17th October 2025.

7.

Learned AGP to communicate the said order to the 4/5

President, Maharashtra Revenue Tribunal to enable the Tribunal to comply with the same.

8.

All parties to act on an authenticated copy of this order. (DR. NEELA GOKHALE, J.) (REVATI MOHITE DERE, J.) Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2025.07.30 17:39:01 +0530 SHAMBHAVI NILESH SHIVGAN 5/5