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Bombay High Court

Mohan Bhagwanta Naik And Others vs Bhaskar Gulabrao Naik And Others on 19 December, 2019

Author: V. K. Jadhav

Bench: V. K. Jadhav

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                     911 WRIT PETITION NO.6532 OF 2018

                   MOHAN BHAGWANTA NAIK AND OTHERS
                                VERSUS
                   BHASKAR GULABRAO NAIK AND OTHERS

                                     ...
               Advocate for Petitioners : Mr. More Abhijit S.
                AGP for Respondents-State : Mr. S.K.Tambe.
            Advocate for Respondent No.1 : Mr. Gaware Niteen V.
          Advocate for Respondent Nos.2 to 9 : Mr. Gaikwad Anil M.
                                     ...

                               CORAM :     V. K. JADHAV, J.
                               DATE :      19.12.2019

     PER COURT :-


1. In respect of the same claim about the road, both the parties filed the separate applications bearing Rasta Case Nos.32 of 2017 and 46 of 2017. So far as the order passed in revision by the Sub Divisional officer in connection with Rasta Case No.32 of 2017 is concerned, the present Writ Petition has been preferred. So far as the order passed in Rasta Case No.46 of 2017 is concerned, the aggrieved party has approached the SDO by filing an revision No.219 of 2019 and the said Revision is still pending.

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2. Both the counsel accept that in these two separate applications, though the claim and the parties are same, the learned Tahsildar has taken the conflicting views. The learned counsel for the respective parties, on instructions, submit that both the parties will file the joint pursis before the Sub Divisional officer in pending revision to remand the matter to the learned Tahsildar for deciding it afresh.

3. In view of the same, the learned Sub Divisional officer is hereby directed that upon filing such a joint pursis, decide the said revision forthwith, in the light of joint pursis.

4. Stand over to 28.01.2020.

(V. K. JADHAV, J.) ...

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