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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.5483 OF 2021

Devsing Ramchandra Chavan

…Petitioner

vs.

The State of Maharashtra & Ors.

…Respondents

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Mr. Abhijit P. Kulkarni, for the Petitioner.

Mr. A. A. Kumbhakoni, Advocate General, with Mr. P. P. Kakade,

Government Pleader and Mr. S. H. Kankal, AGP for the State.

Mr. Prashant Katneshwar, Advocate for Interveners.

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CORAM :- G. S. KULKARNI, J.

DATE : APRIL 18, 2022.

JUDGMENT :-

1.

This writ petition is filed challenging an order dated 23 June,

2021 passed by the Maharashtra Revenue Tribunal Bench at Pune (for

short “the Revenue Tribunal”) by which the Revenue Tribunal has held

that an interim stay which was granted by it to an order passed by the

Sub-Divisional Officer confirming the orders passed by the Tehsildar as

impugned in the revision proceedings filed by the petitioner, stood

automatically vacated in view of the orders passed by the Supreme

Court in Asian Resurfacing of Road Agency Private Limited & Anr. vs.

Central Bureau of Investigation”

1.

2.

Thus, the issue which arises for consideration in this Writ Petition

is as to whether the learned Member of the Maharashtra Revenue

Tribunal, was correct in applying the orders and observations of the

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(2018)16 SCC 299

PRASHANT

VILAS

RANE

Digitally signed

by PRASHANT

VILAS RANE

Date:

2022.04.18

20:31:59 +0530

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Supreme Court in paragraphs 36 and 37 of its judgment in the case of

Asian Resurfacing Road Agency’s case (supra), to hold that the interim

relief granted by the Revenue Tribunal in favour of the petitioner by an

order dated 10 December 2018 stood automatically revoked on a period

of more than six months having passed.

3.

In brief, the relevant facts are:- The dispute between the parties

before the Revenue Tribunal, Pune, concerns a land situated at Village

Boroti, Taluka – Akkalkot, District – Solapur. There was a old previous

litigation between the parties, which according to the petitioner

culminated into final orders passed by the Revenue Tribunal, Pune on 17

March, 1971. The case of the petitioner is that however despite such

orders passed by the Revenue Tribunal in petitioner’s favour, which

recognized the petitioner’s rights on such land as also the consequent

revenue entries made in that regard, the Tahsildar, Akkalkot had passed

an order dated 6 December, 2016 whereby the petitioner’s rights as

reflected in the revenue records in the ‘other rights column’ were sought

to be de-recognized. The petitioner challenged the said order passed by

the Tahsildar in an appeal before the Sub-Divisional Officer (SDO). The

SDO, by an order dated 28 November, 2017 confirmed the order dated 6

December, 2016 passed by the Tahsildar against which the petitioner

filed the revision in question, before the Revenue Tribunal (Revision

Application No.SH-II 05/2018) under Section 76 of the Maharashtra

Tenancy and Agricultural Lands Act 1948. On such revision application

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filed by the petitioner, an interim order dated 10 December, 2018, came

to be passed by the tribunal, whereby the order passed by the SDO and

subject matter of the challenge in the proceedings of the revision, came

to be stayed by the Revenue Tribunal till further date, while issuing

notice to the respondents. The said order of the Revenue Tribunal needs

to be noted, which reads thus:-

“

Order below ‘Stay appln’ in Revision No. SH/II/5/2018

Matter is taken on board at the request of Ld. Advocate for the

applicant. He has produced notice issued by Dy. Supdt. of Land

Records, Akkalkot, dated 21/11/2018 and submitted that if the stay to

the impugned order is not granted, multiplicity of litigation will be

created.

Read the judgment & order passed by both the tribunals below. Matter

is pending at the stage of ‘hearing before admission’. Therefore, when

the matter is called on Board by showing u