Petition challenging RTS Revision order disposed with liberty to file alternate remedy of revision under Section 257 Maharashtra Land Revenue Code; merits expressly kept open.
Withdrawal of Writ Petition with liberty to file revision by 20-12-2023; order stayed pending revision or minister's stay.
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.
917 WP 9686.23.doc
Dusane
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.9686 OF 2023
Smt. Malatibai Babasaheb Kalbhor …Petitioners since deceased thru' LRs
V/s.
Additional Commissioner & Ors. …Respondents
Mr. Drupad Patil a/w Namit Kumar Pansare for Petitioners.
Mr. Surel Shah a/w Mr. Aditya Bendre for Respondent Nos. 2A to 2F, 2G/a to 2G/d, 2H/a, 2I/ b(i) to 2I/b(4).
Mr. S.D. Rayrikar, AGP for State-Respondent.
CORAM: MADHAV J. JAMDAR, J. DATE: 1st December 2023
P.C.:
1. The Petitioner is challenging the legality and validity of the order dated 5th June 2023 passed by Additional Divisional Commissioner, Pune Division, Pune in RTS Revision No.485 of 2022.
2. Mr. Shah, learned Counsel appearing for the Respondent No.2 states that there is an alternate remedy of revision under Section 257 of the Maharashtra Land Revenue Code,
1/3
917 WP 9686.23.doc
3. Mr. Patil, learned Counsel appearing for the Petitioners states that as far as Revision filed before the Hon'ble Minister against order passed in RTS Revision No. 486 of 2022 already stay has been granted by the Hon'ble Minister on 28th July 2023. He states that the impugned order is the common order in RTS Revision Nos. 485 of 2022 and 486 of 2022. Accordingly, till the Hon'ble Minister hears the stay application or main Revision filed under Section 257 of the Maharashtra Land Revenue Code, 1966, whichever is earlier, the order passed in RTS Revision No. 485 of 2022 shall remain stayed.
4. The Writ Petition is disposed of with no order as to costs.
5. It is clarified that this Court has not considered the
2/3
917 WP 9686.23.doc
merits and all contentions of the parties on merits are expressly kept open.
BHALCHANDRA GOPAL DUSANE
(MADHAV J. JAMDAR, J.)
Digitally signed by BHALCHANDRA GOPAL DUSANE Date: 2023.12.06 15:14:01 +0530
3/3
Smt. Malatibai Babasaheb Kalbhar since deceased thru LRs
Additional Commissioner & Ors.
Madhav J. Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
