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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 6707 OF 2022

Gokul S/o Mohan Falak

Petitioner

Versus

The State of Maharashtra & others

Respondents

Mr. A. D. Shinde, Advocate for the petitioner.

Mr. D. R. Kale, GP for respondent Nos. 1 to 4.

CORAM : RAVINDRA V. GHUGE &

ANIL L. PANSARE, JJ.

DATE : 30^th JUNE, 2022.

PER COURT :

1.

The petitioner has put forth prayer clauses ‘B’ and ‘C’ as

under :-

B)

Issue a writ of mandamus or any other

appropriate writ, order or directions in the nature of

writ of mandamus thereby directing the respondent

No. 1/Hon’ble Minister for Revenue Mantralaya,

Mumbai to decide the revision fled by the petitioner

u/sec. 257 of the M.L.R. Code on 23.1.2020 as

expeditiously as possible as this Hon’ble Court may

deem ft.

C)

Pending hearing and fnal disposal of the writ

petition as well as the revision preferred by the

petitioner before the respondent No. 1 the Hon’ble

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Minister for Revenue, Mantralaya Mumbai, grant stay

to the operation, implementation and execution of

order dt. 19.9.2019 passed by the respondent no. 2 in

RTS Revision no. 938 of 2018, the order dt. 13.3.2018

passed by the respondent no. 3 in Appeal No. 264 of

2015 and the order passed by respondent no. 4 dt.

30.9.2015 in RTS Appeal No. 5 of 2015 and for that

purpose issue necessary orders.

2.

Since the statutory proceedings are pending before the

Hon’ble Minister for State – Revenue, since 2020, and the application

for interim relief is also fled, we do not intend to entertain this

petition.

3.

Suffce it to say that an innocuous relief can be granted

to the petitioner without issuing notice to respondent nos. 5, 6 and 7,

by directing the Hon’ble Minister to decide the proceedings within a

time frame since the proceedings are pending for the last two years.

4.

The learned Chief Government Pleader submits that

considering a change in the Government, this Court may grant a

reasonable time so as to enable the new Minister to take charge and

conduct the proceedings.

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5.

The learned Advocate for the petitioner submits that

respondent nos. 6 and 7 are taking undue advantage of the

pendency of the proceedings and are disturbing the possession of the

petitioner. We do not wish to go into disputed issues in this petition

since the proceedings are already pending before the Hon’ble Minister

and the petitioner is not remedy-less.

6.

As such, this petition is disposed off with the following

directions :-

A)

We expect the Hon’ble Minister for State –

Revenue, to issue notices to all the contesting

parties in the pending proceedings fled by the

petitioner, returnable before 20^th July, 2022.

B)

Thereafter, the Hon’ble Minister would hear

the application for interim relief before 15^th August,

2022 or decide the main appeal on or before 15^th

September, 2022.

( ANIL L. PANSARE )

( RAVINDRA V. GHUGE )

Judge

Judge

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