This writ petition challenged the validity of an interim order staying a Land Record revision without notice. The court merely listed parties and ordered disposal within a timeframe without examining merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
8 WP 7291.2023.doc
Dusane
BHALCHANDRA GOPAL DUSANE
Digitally signed by BHALCHANDRA GOPAL DUSANE Date: 2023.10.19 11:36:02 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7291 OF 2023
Mahendra Arjun Liman
…Petitioner
V/s.
Purshottam Gulabray Dasani & Ors. …Respondents
Mr. Tukaram Shendge for Petitioner. Mr. P.V. Nichani for Respondent Nos. 1 to 8. Mr. S.D. Rayrikar, AGP for Respondent No.9-State.
CORAM: MADHAV J. JAMDAR, J. DATE: 16th October 2023
P.C.:
1. Heard Mr. Shendge, learned Counsel appearing for the Petitioner, Mr. Nichani, learned Counsel appearing for Respondent Nos.1 to 8 and Mr. Rayrikar, learned AGP for Respondent No. 9- State.
2. In the present Writ Petition, the challenge is to the legality and validity of interim order dated 23rd May 2023 passed by the Hon’ble Revenue Minister, State of Maharashtra in Revision pending before the Minister bearing RTS No. 3423/1434/Pra. Kra. 198/J-5.
3. It is the contention of the Petitioner that the interim order is passed without giving any notice to him. However, impugned
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8 WP 7291.2023.doc
order is dated 23rd May 2023 by which the order dated 17th April 2023 passed by the Deputy Director of Land Records, Pune Division, Pune is stayed, till pendency of the Revision. The impugned order is operating for about five months.
4. Mr. Rayrikar, learned AGP, appearing for Respondent No. 9- State, after taking instructions states that the said RTS Appeal No. 3423/1434/Pra. Kra. 198/J-5 itself will be decided within a period of four months.
5. The Petitioner and Respondent Nos.1 to 8 to appear before the Hon’ble Revenue Minister on 30th October 2023 at 3.00 pm.
6. The Hon’ble Revenue Minister, Maharashtra State to decide the schedule of hearing of the said RTS Appeal No. 3423/1434/Pra. Kra.198/J-5 and to complete the hearing as per said schedule.
7. Accordingly, the Hon’ble Revenue Minister, Maharashtra State is requested to dispose of pending RTS Appeal No. 3423/1434/Pra. Kra. 198/J-5 on or before 29th February 2024.
8. It is made clear that the Hon’ble Revenue Minister, Maharashtra State to decide the said Revision uninfluenced by the observations made in the impugned order dated 23rd May 2023.
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8 WP 7291.2023.doc
9. It is made clear that this Court has not examined merits of the case and all the contentions on merits are expressly kept open.
10. The Writ Petition is disposed of in above terms with no order as to costs.
(MADHAV J. JAMDAR, J.)
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1 issue framed by the court
Whether the interim order stayed by the Hon'ble Revenue Minister was passed without notice to the petitioner?
Mahendra Arjun Liman
Purshottam Gulabray Dasani
MADHAV J. JAMDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
