10-wp-506-2021.doc

Sonali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 506 OF 2021

Gautam Dashrath Londhe

...Petitioner

Versus

The Revenue Minister State of Maharashtra & Ors.

...Respondents

Mr. Sumit V. Khaire, for the Petitioner.

Mr. A. P. Vanarase, AGP , for the Respondent Nos. 1 to 7-State.

Mr. Sandeep S. Salunkhe, for the Respondent Nos. 8 & 9.

CORAM : MADHAV J. JAMDAR, J.

DATED : 12^th SEPTEMBER 2022

P.C. :

1.

The Petitioner has impugned the order dated 9^th November

2020 passed by the Respondent No.1-Revenue Minister, State of

Maharashtra. By the impugned order, order dated 11^th September

2017 passed by the Additional Collector and order dated 5^th June

2018 passed by the Additional Commissioner, Pune Division has been

set aside and the matter was remanded back to the Collector.

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SONALI

MILIND

PATIL

Digitally

signed by

SONALI

MILIND

PATIL

Date:

2022.09.12

17:21:08

+0530

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Sonali

2.

Mr. Sandeep Salunkhe, the learned Advocate appearing for

Respondent Nos. 8 and 9, who are the Applicants before the Collector

submits that Collector has heard the matter and now the same is

pending for passing orders.

3.

Mr. Khaire, learned counsel appearing for the Petitioner states

that the Petitioner was not heard by the Collector. In any case, it is

common ground that Collector has not yet passed the order. It is the

contention of the Petitioner that Petitioner has received some

additional documents and the Petitioner intends to produce the same

before the Collector. Mr. Salunkhe, the learned counsel appearing for

the Respondent Nos. 8 and 9 after taking instructions states that the

said Respondents have no objection if said documents are produced

and Collector hears the matter. He submits that the Respondent Nos.

8 and 9 be heard again including regarding said document. In view of

this, there is no impediment for Collector to hear the case again.

4.

In view of above, following order is passed.

ORDER

(i) Both the contesting parties viz. the Petitioner and the

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Respondent Nos. 8 and 9 to remain present before the Collector

who has partly heard RTS Appeal No. 157 of 2016 on 21^st

September 2022 at 11.00 a.m.

(ii) On that day, the Petitioner to submit additional documents

and copies of the same be supplied to the Respondent Nos. 8

and 9. The Collector to fix the schedule of hearing on 21^st

September 2022. The Collector is requested to decide the RTS

Appeal No.157 of 2016 within a period of three months after

hearing all the parties afresh.

(iii) All contentions of parties are kept open.

5.

The Writ Petition is disposed of in above terms.

MADHAV J. JAMDAR, J.

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