Bombay High Court
Dinesh Harishchandra Momale And Others vs The State Of Maharashtra And Others on 24 August, 2018
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
939 WRIT PETITION NO. 9747 OF 2018
DINESH HARISHCHANDRA MOMALE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
WITH
941 WRIT PETITION NO. 9777 OF 2018
MASNAJI JAYWANTA KAMBLE
VERSUS
KHANDU SATWA KAMBLE AND OTHERS
...
Advocates for Petitioners : S/Shri Deshmukh M.S. h/f Shri Momale V.L.
and Shri Patil Indrale A.V.
AGPs for Respondents / State : S/Shri Shinde B.A. and Yadav S.R.
Advocate for Respondent 6 : Shri Patil S.Y. h/f Shri Kudale D.S.
...
CORAM : RAVINDRA V. GHUGE, J.
Dated: August 24, 2018 ...
PER COURT :-
1. Leave to add one page of the impugned order in the first petition.
2. I have heard the learned Advocates for the petitioners and the learned Advocate for the Caveator, briefly. Time is sought on behalf of the Caveator to file a reply. In both these petitions, the same order of the Honourable Minister dated 31.7.2018, upsetting a mutation entry of 1997 and consequential revenue entry, is challenged. Learned Advocate for the Caveator submits that the revenue authorities have already implemented the order of the Honourable Minister on 18.8.2018.
akl/d IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 2- WRIT PETITION NO. 9747 OF 2018
3. Issue notice to the respondents in both these matters, returnable on 5.10.2018. Learned AGP waives service waives for respondents 1 to 5 in the petition and for respondents 2 to 7 in the second petition.
4. Learned Advocate waives service on behalf of the caveators in both these petitions.
Digitally signed by Ajay 5. Leave to place on record the copy of the fresh revenue entries Ajay Kishanrao Kishanrao Losarwar dated 18.8.2018, within one week from today. Losarwar Date:
2018.08.27 11:10:22 +0530
6. Until further orders, all the litigating sides shall not act upon the fresh revenue entries dated 18.8.2018 and shall not seek further execution of the impugned order. So also, the beneficiaries of the fresh revenue entries dated 18.8.2018 shall be precluded from creating third party interest or encumbrances on the said properties. As both the litigating sides contend that they are in possession of the property at issue, there shall be no precipitative action in between the litigating sides until the next date of hearing in this matter.
7. S.O. to 5.10.2018 in the supplementary board.
( RAVINDRA V. GHUGE, J. ) ...
akl/d