Bombay High Court
Kashiram Asaram Ghadge And Others vs Ramdas Bhanudas Pund And Another on 13 January, 2020
Author: V. K. Jadhav
Bench: V. K. Jadhav
1 24-WP.585-17 & ors.(2).odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
24 WRIT PETITION NO.585 OF 2017
PARIGHABAI @ PRAYAGBAI RADHAKRUSHNA LAHARE AND
OTHERS
VERSUS
PANDITRAO S/O MURLIDHAR LAHARE AND OTHERS
...
Advocate for Petitioners : Mr. Shinde C.K.
AGP for Respondents-State : Mr. K.B.Jadhavar.
Advocate for Respondent Nos.1 to 7, 9 to 17, 19 to 23 : Mr.
S.S.Kulkarni.
...
WITH
WRIT PETITION NO.698 OF 2017
BABAN HANUMANTA SOMWANSHI
VERSUS
WALMIK S/O RAMBHAU TAMBE AND OTHERS
...
Advocate for Petitioner : Mr. Tambe R.A.
AGP for Respondent-State : Mr. K.B.Jadhavar.
Advocate for Respondent Nos.1 to 8 : Mr. N.V.Gaware.
...
WITH
WRIT PETITION NO.7839 OF 2017
KASHIRAM ASARAM GHADGE AND OTHERS
VERSUS
RAMDAS BHANUDAS PUND AND ANOTHER
...
Advocate for Petitioner : Mr. D.R.Jayabhar.
AGP for Respondent-State : Mr. K.B.Jadhavar.
Advocate for Respondent No.1 : Mr. S.V.Natu.
...
CORAM : V. K. JADHAV, J.
DATE : 13.01.2020
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2 24-WP.585-17 & ors.(2).odt
PER COURT :-
1. All these Writ Petitions came to be tagged only for the reason that the common issue was involved in all the Writ Petitions. This Court, by order dated 13.10.2017, decided the common issue arises in all these Writ Petitions and further directed to place the Writ Petitions for hearing. Furthermore, due to the conflicting orders passed by the learned Single Judges of this Court, the reference has been made and a Special Bench was constituted to decide the reference wherein the following question was under consideration :
"Whether it is permissible for the Collector to delegate powers conferred on him by Section 23(2) of the Mamlatdar Courts Act, 1906 to any Sub-Divisional Officer as defined by Section 2(34) of the Maharashtra Land Revenue Code, 1966? If such delegation of powers is permissible, whether such delegation would entitle the Sub-Divisional Officer to exercise jurisdiction under Section 23(2) of the Mamlatdar Courts Act, 1906?"
2. The Division Bench (Coram : R.K.Deshpande and Vinay Joshi, JJ.) has answered the reference and held that the delegation of power by the Collector under Sub-Section (2A) of Section 23 of the Mamlatdars' Courts Act to the Deputy Collector or Assistant Collector, who is working as the Sub- ::: Uploaded on - 15/01/2020 ::: Downloaded on - 15/01/2020 23:02:57 :::
3 24-WP.585-17 & ors.(2).odt Divisional Officer of the concerned divisions of the district, is correct, legal and proper.
3. In view of this, in all these Writ Petitions, different points have been raised on facts and thus be placed before this Court separately.
4. Stand over to 03.03.2020.
(V. K. JADHAV, J.) ...
vmk/-
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