Remanded

Nalini Himatlal Kantilal and Ors. v. Shri. Brahmajeet and Ors.

Bombay HC16 Jun 2022WP/12327/2018

Case brief

AI extract

What is this about?

The High Court discretionary disposed of the writ petition by directing petitioners to file a second revision application within four weeks before the Additional Commissioner. Directions were issued for the Authority to decide within eight weeks, provide a hearing, and pass a speaking order.

What did the court decide?

Petitioners to file second revision application within four weeks; Revisional Authority to decide within eight weeks and pass speaking order.

Nalini Himatlal Kantilal and Ors. Vs Shri. Brahmajeet and Ors. — Land Acquisition | Bombay HC (2022)

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10. civil wp 12327-18.doc

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R.M. AMBERKAR

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(Private Secretary)

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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. 12327 OF 2018

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Nalini Himatlal Kantilal & Ors. .. Petitioners Versus Brahmajeet & Ors. .. Respondents

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.. Respondents

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Mr. Rajesh M. Kachare i/by Gaurav Partners for the Petitioners

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Mr. Drupad S. Patil for Respondent Nos. 1 to 4

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Ms. M.S. Bane, AGP for Respondent Nos. 5 to 8 - State

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CORAM : MILIND N. JADHAV, J. DATE : JUNE 16, 2022

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P.C.:

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1. Heard learned counsel for the parties and learned AGP for the State.

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2. The order impugned in the present petition is dated 28.08.2018 passed by the Additional Commissioner, Konkan Division. Admittedly, in fact the remedy of second revision application would be available to the aggrieved party to challenge the said order.

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3. Mr. Kachare learned counsel for the Petitioners on going through the provisions of the Maharashtra Land Revenue Code, 1966 agrees with the aforesaid proposition. He submits that the Petitioners be permitted to file the second revision application before the revisional Authority within a period of four weeks from today so as to allow the Petitioners to exhaust the remedies available to them.

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4. In the event, if the Petitioners file the second revision application

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10. civil wp 12327-18.doc

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before the revisional Authority, the Authority is directed to decide the said application within a period of eight weeks after the date of filing. Delay if any in filing the second revision stands condoned. While deciding the second revision application, the revisional authority is directed to accord an opportunity of hearing to all the concerned parties. Parties are permitted to file written submissions and case law on which they wish to refer to and rely upon in support of their case. Revisional Authority shall decide the second revision application and pass a speaking order thereon as directed in accordance with law and inform the decision to all concerned parties.

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5. All contentions of the parties are expressly kept open.

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6. Ms. Bane, learned AGP for Respondent Nos. 5 to 8 has taken note

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and cognizance of the above directions.

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7. With the above directions, the writ petition stands disposed of.

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[ MILIND N. JADHAV, J. ]

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Digitally signed by RAVINDRA RAVINDRA MOHAN MOHAN AMBERKAR AMBERKAR Date: 2022.06.16 19:15:48 +0530

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Nalini Himatlal Kantilal and Ors. v. Shri. Brahmajeet and Ors.

Case brief

What is this about?

What did the court decide?

Nalini Himatlal Kantilal and Ors. v. Shri. Brahmajeet and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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