Supreme Court - Daily Orders
Pandurang Laxman Yadav vs Shree Sai Realty on 8 December, 2022
Bench: M.R. Shah, Hima Kohli
1
ITEM NO.29 COURT NO.5 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 15234/2022
(Arising out of impugned final judgment and order dated 18-04-2022
in WP No. 1669/2022 passed by the High Court Of Judicature At
Bombay)
PANDURANG LAXMAN YADAV & ORS. Petitioner(s)
VERSUS
SHREE SAI REALTY & ORS. Respondent(s)
(FOR ADMISSION and I.R. and IA No.109138/2022-CONDONATION OF DELAY
IN FILING and IA No.109139/2022-EXEMPTION FROM FILING C/C OF THE
IMPUGNED JUDGMENT and IA No.109140/2022-EXEMPTION FROM FILING O.T.)
Date : 08-12-2022 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE M.R. SHAH
HON'BLE MS. JUSTICE HIMA KOHLI
For Petitioner(s) Mr. Vinay Navare, Sr. Adv.
Mr. Prashant Shrikant Kenjale, AOR
For Respondent(s) Mr. V.K. Shukla, Sr. Adv.
Mr. Arvind S. Avhad, AOR
Mr. Shrirang B. Varma, Adv.
Mr. Siddharth Dharmadhikari, Adv.
Mr. Bharat Bagla, Adv.
Ms. Kirti Dadheech, Adv.
Mr. Aaditya Aniruddha Pande, AOR
UPON hearing the counsel the Court made the following
O R D E R
In the writ petition before the High Court, respondent no.1 the original writ petitioner has prayed for the following relief :
“a. Rule be issued, record and proceedings be called for;Signature Not Verified b. This Hon’ble Court be pleased to quash and set aside the Digitally signed by Sanjay Kumar
impugned order dated 25.01.2022 passed by the Hon. Minister for Date: 2022.12.09 16:20:32 IST Reason: Revenue in RTS 3421/823/NO.90/J-5; Order dated 21.08.2020 passed by the Respondent No.20 DDLR in Second Appeal No.4890 of 2019; and Order dated 25.01.2019 passed by the District Superintendent of Land Record, Haveli, Pune in Appeal No.4089 of 2018;2
c. This Hon. Court further be pleased to reject the original objection, Appeal filed by Respondent No.1 before the District Superintendent of Land Record, Haveli, Pune in Appeal No.4089 of 2018 direct the authorities not to take any consequential steps during the interregnum period;
d. Pending the hearing and final disposal of present writ petition, this Hon. Court be pleased to stay the effect, operation of impugned order dated 25.01.2022 passed by the Hon. Minister for Revenue in Revision Application No.RTS 3421/823/NO.90/J-5 and the order dated 21.08.2020 passed by the Respondent No.20 DDLR in Second Appeal No.4890 of 2019 during the pendency of said Revision Application;
e. Pending the hearing and final disposal of present writ petition, this Hon. Court be pleased to direct the Respondents not to take any adverse action against Petitioners and not to release any further measurements in respect of the subject plots;
f. Ad interim order in terms of prayer clause (d) and (e) above be granted.
g. To pass such other orders and reliefs be granted in favour of the Petitioner as this Hon’ble Court deem fit and proper in the interest of justice.” It appears that the said writ petition is filed by respondent no.1 challenging the order passed the Minister concerned affirming the order passed by the lower authorities directing for re-
measurement, as per the liberty reserved by the Division Bench of the High Court in the earlier judgment and order in Writ Petition No.7485 of 2019 (paragraph 18). During the pendency of the writ petition, the High Court has granted ad interim relief in terms of prayer clauses (d) and (e) which are reproduced hereinbelow :
“d. Pending the hearing and final disposal of present writ petition, this Hon. Court be pleased to stay the effect, operation of impugned order dated 25.01.2022 passed by the Hon. Minister for Revenue in Revision Application No.RTS 3421/823/NO.90/J-5 and the order dated 21.08.2020 passed by the Respondent No.20 DDLR in Second Appeal No.4890 of 2019 during the pendency of said Revision Application; e. Pending the hearing and final disposal of present writ petition, this Hon. Court be pleased to direct the 3 Respondents not to take any adverse action against Petitioners and not to release any further measurements in respect of the subject plots;” It is reported that as such pursuant to the order passed by the lower authorities confirmed by the Minister concerned the re- measurement has taken place and it is kept in a sealed cover. As the writ petition is pending before the High Court and with a view to see that the main writ petition does not become infructuous when interim order in terms of prayer clauses (d) and (e) is granted, no interference of this Court is called for.
However, it is directed that any further steps on the measurement etc., pursuant to the earlier measurement and/or re- measurement, shall be subject to the ultimate outcome of the writ petition before the High Court.
In the facts and circumstances of the case and the issue involved is in a narrow compass, we request the High Court to finally decide and dispose of the writ petition in accordance with law and on its own merits at the earliest and preferably within a period of three months from the date of receipt of the present order.
With this, the present special leave petition stands disposed of.
Pending interlocutory application(s), if any, also stands disposed of.
(SANJAY KUMAR-II) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR