The SSRD exceeded its jurisdiction by imposing a status-quo on property in a matter pending before the Bombay High Court.

ORDER :

(NIKHIL S. KARIEL, J.) 

1. Heard learned Senior Advocate Mr.Mihir Joshi with learned Advocate Mr.Kunal Nanavati and learned Advocate Mr.Kaustubh Shrivastav for Nanavati Associates on behalf of the petitioner and learned Assistant Government Pleader Mr.J.K.Shah on behalf of the respondent – State.

2. By way of this petition, the petitioner challenges an interim order passed by the SSRD in Revision Application No.MVV/HKP/VLS/139/2024 more particularly whereby the SSRD in addition to directing the status-quo with regard to the revenue record has further directed status-quo with regard to the property itself.

3. Considering the submissions made by learned Senior Advocate for the petitioner and learned AGP for the  respondent – State and having perused the impugned order, it prima facie appears to this Court that the proceedings with regard to the subject land is already pending before the High Court of Bombay and whereas, it also appears that the Coordinate High Court has directed an order of status-quo with regard to the property in question more particularly learned Senior Advocate pointing out that the order of the Bombay High Court is qua not to transfer 50% of the property in question and whereas, learned Senior Counsel would also point out that in the suit proceedings pending before the High Court of Bombay, the petitioner is not a party and whereas, an application for joining the petitioner has been preferred by the defendant therein.

3.1. While the SSRD notes about the order of the Bombay High Court having been violated, yet, to this Court, it would prima facie appear that the SSRD was concerned with an entry proceeding i.e. proceedings under the Bombay Land Revenue Code and whereas, while the SSRD would be fully justified in directing the status-quo to be maintained as regards the revenue records, insofar as the substantive order of status-quo with regard to land in question, to this Court, it  would prima facie appear that the same was beyond the scope of the SSRD in the proceedings concerned.

3.2. To this Court, it would appear that since the civil suit with regard to the land in question is under consideration of the High Court of Bombay, if the parties were of the opinion that an order of status-quo would be required, the same ought to have been sought for in the pending proceedings and not in the RTS proceedings.

4. Having regard to the above prima facie observations, issue Notice to the respondents, returnable on 21.04.2025. Learned Assistant Government Pleader Mr.Shah waives service of notice on behalf of the respondent – State. Direct service to rest of the respondents is permitted.

4.1. By way of ad-interim relief, the order of the SSRD insofar as it directs maintaining status-quo with regard to subject property is concerned, shall remain stayed.