Manjulaben Bhanabhai Patel And ORS v. The Dy. Collector, Daman And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9331 OF 2025 Manjulaben Bhanabhai Patel & Ors.

.....Petitioners Vs.

The Dy. Collector, Daman & Ors.

.....Respondents Mr. Jayesh Mestry, for the Petitioners.

Mr. Shrishailya Deshmukh, for Respondent Nos.3 to 6. Mr. Dedhia, h/for Mr. S.S.Venegavkar, SPP, for Respondent Nos.1 and 2.

CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.

DATE : 11th AUGUST 2025.

P.C.:- 1.

Heard learned counsel for the Petitioners.

2.

On 4th August 2025, Ms. Salvi instructed by Mr. Venegavkar, learned Special Public Prosecutor, for the Respondent Nos.1 and 2, sought time. On her request, the matter was kept today. 3.

Today again, Mr. Dedhia, holding for Mr. Venegavkar, seeks time. We are informed that Mr. Venegavkar is not in the Court. The matter was adjourned only to enable Mr. Venegavkar to take instructions within how much time the LRC Appeal would be 1/3

decided by the concerned Authority. Despite the same, Mr. Dedhia has no instructions.

4.

By this Petition, the only relief sought by the Petitioners is a direction to the Respondent No.1 to decide the LRC Appeal pending before it in a time bound manner. We are informed that the said LRC Appeal is pending since 2017 and till date, has not been decided. Almost 8 years have lapsed and till date, the LRC Appeal has not been decided. We are not informed the reasons, as to why the LRC Appeal could not be decided in the last 8 years. 5.

Considering the aforesaid, we direct the Respondent No.1-Authority to decide the LRC Appeal as expeditiously as possible and in any event, within four weeks from the date of receipt of this order.

6.

A copy of this order be sent to the Administrator, Daman & Diu to enable them to appoint more advocates, since presently Mr. Venegavkar, learned Special Public Prosecutor, is the only Counsel appearing for the Union territory of Daman and Diu. We cannot keep adjourning matters, only on the ground of Mr. Venegavkar being busy 2/3

in another Court/not being available.

7.

A copy of today's order be communicated by Mr. Venegavkar to the concerned Authority to enable them to take appropriate steps.

8.

Petition stands disposed of on the aforesaid terms. 9.

List the matter for 'Reporting Compliance' of the order of direction on 15th September 2025.

(DR. NEELA GOKHALE, J.) (REVATI MOHITE DERE, J.) Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2025.08.18 13:10:02 +0530 SHAMBHAVI NILESH SHIVGAN 3/3