Disposed

Yashwant Rama Patil (Decd) through Lrs. v. the State of Maharashtra through Addl. Chief Secretary and Ors.

Bombay HC14 Oct 2016WP/10630/2016

Case brief

AI extract

What is this about?

On whether the Tahsildar failed to implement the order dated 30/08/2014 passed by the State Minister. The court directed petitioner implementation and implementation of said order before Tahsildar, while explicitly keeping the legality and validity of the impugned order open for adjudication.

What did the court decide?

Directed petitioners to appear before Tahsildar to produce the disputed order for action within prescribed timelines.

Yashwant Rama Patil (Decd) through Lrs… — Constitutional and Fundamental Rights | Bombay HC (2016)

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1 WP 10630-16.doc-P-37

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.10630 OF 2016

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Yashwant Rama Patil (Since Deceased) ] Through LRs. ] … Petitioners

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Versus

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The State of Maharashtra and Ors. ] … Respondents

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Mr. Vivek V. Salunke for Petitioners. Mr. S. B. Kalel, AGP for State.

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CORAM :- SHANTANU S. KEMKAR & MAKARAND S. KARNIK, JJ. DATE :- OCTOBER 14, 2016

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P. C. :-

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Not on board. Upon mentioning, taken on board.

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Heard the learned Counsel appearing for petitioners and the learned AGP for respondents. The only grievance made in this petition is that the Tahsildar, Karveer, has not implemented the order dated 30/08/2014 passed by the Hon'ble Minister of the State for Revenue of the Government of Maharashtra.

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URS 1 of 3

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2 WP 10630-16.doc-P-37

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So long as the order of the State Government is in force, the same will have to be implemented. Hence, we need not keep the petition pending and the same is disposed of by passing the following order :-

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ORDER

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(i) We direct the petitioners to appear before the Tahsildar, Karveer on 21/11/2016 at 11.00 am;

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(ii) The petitioners shall produce an authenticated copy of this order along with copy of the order dated 30/08/2014 before the Tahsildar on the same date;

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(iii) The Tahsildar shall ascertain whether the order dated 30/08/2014 of the State Government continues to remain in force. If he finds that the said order continues to remain in force, the Tahsildar shall act upon clause 2 of the operative part of the said order within a period of one month from 21/11/2016. In such event, he shall implement clause 2 of the order dated 30/08/2014 within a period of three months from 21/11/2016;

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(iv)

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We make it clear that we have made no adjudication on the legality and validity of the order dated 30/08/2014. The said issue is kept open;

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URS 2 of 3

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3 WP 10630-16.doc-P-37

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(v) The Petition is disposed of on above terms. All concerned to act upon the authenticated copy of this order.

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(MAKARAND KARNIK, J.)

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(SHANTANU KEMKAR, J.)

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URS 3 of 3

Yashwant Rama Patil (Decd) through Lrs. v. the State of Maharashtra through Addl. Chief Secretary and Ors.

Case brief

What is this about?

What did the court decide?

Yashwant Rama Patil (Decd) through Lrs. v. the State of Maharashtra through Addl. Chief Secretary and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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