Bombay High Court
Mahadeo S/O Arjun Wasnik vs The Additional Commissioner, Amravati ... on 17 September, 2019
Author: Rohit B. Deo
Bench: Rohit B. Deo
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION 3924 OF 2016
Mahadeo s/o Arjun Wasnik,
aged about 63 yrs, Occ. Agriculturist,
r/o. Belmandal Tq. Karanja,
Dist Washim ....... APPELLANT
...V E R S U S...
1 The Additional Commissioner,
Amravati, Division Amravati
2 The Additional Collector, Washim
3 The Sub-Divisional Officer,
Karanja, Tq. Karanja, Dist. Washim
4 The Tahsildar, Karanja
Tq. Karanja, Dist. Washim
5 Prashant s/o. Devendra Ghule,
aged about - adult, Occ. Service
Dist. Washim, through P.O.H.
Devendra s/o. Kisanrao Ghule,
aged about adult, Occ. Agriculturist
R/o. Belmandal, Tq. Karanja ....... RESPONDENTS
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Shri A.M. Tirukh, counsel for petitioner.
Shri N.S. Rao, AGP for respondents 1 to 4.
Shri P.S. Patil, counsel for respondent 5.
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CORAM: ROHIT B. DEO, J.
DATE: 17th SEPTEMBER, 2019.
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ORAL JUDGMENT:
Heard.
2 Rule. Rule is made returnable forthwith. 3 By the order impugned, the Additional Collector, Amravati Division, Amravati has granted interim relief in the nature of stay to the order of the Additional Collector. 4 The issue involved pertains to right of way granted by the Tahsildar purportedly under the provisions of the Maharashtra Land Revenue Code, 1966 (MLR Code).
5 This order was challenged before the Sub-Divisional Officer who allowed the appeal under section 247 of the MLR Code. The order of the Sub-Divisional Officer was then challenged before the Additional Collector who allowed the appeal and this is how the controversy is before the Additional Commissioner in appeal 277/BND-54/Belmandal/ 2015-16. It is common ground that since the order impugned is an interim order, it would be appropriate if the first respondent is directed to decide the appeal ::: Uploaded on - 19/09/2019 ::: Downloaded on - 19/09/2019 21:48:23 ::: 3 wp3924of16.odt in a time bound manner including the objection to the tenability of the appeal. The joint submission is reasonable. 6 The first respondent is directed to dispose of appeal 277/BND-54/Belmandal/2015-16 as expeditiously as possible and in any event within two months from the date of appearance of the parties. The parties shall appear before the 1 st respondent on 26.9.2019.
7 It is clarified that every contention raised in this petition and in rebuttal, including the contention that the appeal is not tenable, is kept expressly open.
8 Rule is made absolute in the aforestated terms.
JUDGE RSB ::: Uploaded on - 19/09/2019 ::: Downloaded on - 19/09/2019 21:48:23 :::