Fourth Street Consultancy Llp v. State Of Maharashtra Thr Revenue Minister And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11575 OF 2025 M/s.Fourth Street Consultancy LLP Petitioner

Versus

The State of Maharashtra and others Respondents _______ Mr.Satish Muley with Mosin Naik, Mr.Zhoaib Sayyad for Petitioner. Mr.Y.D.Patil, AGP, for Respondent State.

_______

CORAM:

G. S. KULKARNI & AARTI SATHE, JJ.

DATE:

11th September 2025 P.C.

1.

When the matter was called out the advocate for Petitioner was present, however, none appeared for Respondent nos.2 to 4. 2.

This petition has ben filed for the following reliefs : "a) the instant petition maybe allowed;

b) issue a Writ of Mandamus or any other appropriate Writ, Order or Direction, directing Respondent no.1 viz. The Hon'ble Revenue Minister, Maharashtra State, Mumbai to expeditiously hear and finally dispose of the Petitioner's Appeal No.1411 of 2025, without granting any unnecessary adjournment to any of the parties, in accordance with law;

c) issue a Writ of Mandamus or any other appropriate Writ, Order, or Direction, directing Respondent no.1 viz. The Hon'ble Revenue Minister, Maharashtra State, Mumbai to grant and expedite the hearing of the Appeal No.1411 of 2025, filed by the Petitioner and the same shall be decided on merits as expeditiously as possible and not later than eight (8) weeks;

d) this Hon'ble Court be pleased to stay the operation, execution, and enforceability of the Order dated 9/6/2025 passed by the learned Additional Divisional Commissioner, Kokan Division, Mumbai, in Appeal No.APPEAL/DESK/N.L.D./93/2025, till the first date of hearing of the Appeal No.1411/2025, preferred by the Petitioner, before the Hon'ble Revenue Minister, Maharashtra State, Mumbai; MANISH SURESHRAO THATTE Date: 2025.09.15 12:52:59 +0530 MANISH SURESHRAO THATTE

e) pending the hearing and final disposal of this Writ Petition, this Hon'ble Court be pleased to stay the operation, execution and enforceability of the order dated 9/6/2025 passed by the learned Additional Divisional Commissioner, Kokan Division, Mumbai; f) grant interim/ad-interim reliefs in terms of prayer clauses (d) and (e) above;

g) issue any other and further suitable Writ, Order or Direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

3.

The Petitioner is primarily aggrieved by the inaction on the part of Respondent no.1 i.e. Revenue Minister, Mumbai in not deciding the pending Appeal No.1411 of 2025 filed against the order dated 9th June 2025 passed by the Additional Divisional Commissioner, Kokan Division, Mumbai, in Appeal No.APPEAL/DESK/N.L.D./93/2025 (referred to as the impugned Order in the aforesaid petition). The said appeal has been filed before Respondent no.1 against the impugned Order which the Petitioner contends, has been obtained by Respondent no.2 on the basis of false statements, as evidenced by the RTI responses and their own withdrawal letter, clearly demonstrating misrepresentation and suppression of material facts. 4.

The anxiety of the Petitioner is that if the appeal against the impugned order is not heard expeditiously, then the Respondent nos.2 to 4 will implement the impugned order which will cause an immediate threat to the development rights of Petitioners.

5.

In our view, considering the limited relief that the Petitioner seeks in the present petition, although Respondent nos.2 to 4 are not represented at the present hearing, considering the nature of the order we propose to pass, no

prejudice would be caused to the Respondent nos.2 to 4. Accordingly the following order would serve the ends of justice.

ORDER

(i) The Hon'ble Revenue Minister, Maharashtra State, shall decide the Petitioner's appeal bearing No.1411 of 2005 as expeditiously as possible and in any event within a period of 8 weeks from the date a copy of this order is placed before the Appellate Authority;

(ii) All rights and contentions of the parties on the pending proceedings are expressly kept open;

(iii) Disposed of in the aforesaid terms. No costs. (AARTI SATHE, J.) (G. S. KULKARNI, J.)