1 wp1733.14.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 1733 OF 2014
Lalgir Onkargir Gosavi,
aged about 70 years, Occupation :
Labourer, R/o. Sangrampur,
Tq. Sangrampur, Distt. Buldana ...... PETITIONER
...VERSUS...
1]
Deputy Director of Land Records,
Amravati Division, Amravati.
2] Superintendent of Land Records,
Buldana, Tq. And Distt. Buldana.
3] Shriram Narhi Sawatkar,
Aged about Adult;
4] Dattatyraya Namdev Sirsole,
(since deceased) through Legal Heirs;
4-i] Smt. Kamla Dattatraya Sirsole,
aged 70 years,
4-ii] Asha Narendra Bhagvat,
aged 35 years,
4-iii] Sanjay Dattatraya Sirsole,
aged 50 years,
4-iv] Sham Dattatraya Sirsole,
aged 45 years,
4-v] Gajanan Dattatraya Sirsole,
aged 42 yeas,
4-vi] Pandurang Dattatraya Sirsole,
aged about 37 years,
::: Uploaded on - 25/02/2016 ::: Downloaded on - 31/07/2016 06:30:23 :::
2 wp1733.14.odt
Respondent Nos. 3 to [4-vi] resident
of Sangrampur, Tq. Sangrampur,
Distt. Buldhana RESPONDENTS
-------------------------------------------------------------------------------------------
Shri K.S.Narwade, counsel for Petitioner.
Smt. Rashi Deshpande, AGP, for R-1 and 2
Shri S.V.Sohoni, counsel for Respondent nos. 4-i to 4-vi
-------------------------------------------------------------------------------------------
CORAM: R. K. DESHPANDE, J.
th DATE : 24 FEBRUARY, 2016 .
ORAL JUDGMENT 1] Rule made returnable forthwith.
Heard learned counsels appearing for the parties.
2] The order impugned in this petition is dated 05.11.2012, passed by the Deputy Director of Land Records in Preliminary Hearing Notice No. 108 of 2011, dismissing the matter in default and refusing to grant restoration of appeal preferred under Section 247 of the Maharashtra Land Revenue Code.
3] With the assistance of the learned counsels appearing for the parties, I have gone through the appeal as well as the application for restoration of appeal. After going ::: Uploaded on - 25/02/2016 ::: Downloaded on - 31/07/2016 06:30:23 ::: 3 wp1733.14.odt through the documents, I am satisfied that the case was made out for restoration of the matter for the decision on merits in accordance with law. The impugned order cannot, therefore, be sustained.
4] In the result, writ petition is allowed. The order dated 05.11.2012 passed by the Deputy Director of Land Records is hereby quashed and set aside and the appeal styled as Preliminary Hearing Notice No. 108 of 2011 is restored. No order as to cost.
Rule is made absolute in above terms. No orders as to costs.
JUDGE Rvjalit ::: Uploaded on - 25/02/2016 ::: Downloaded on - 31/07/2016 06:30:23 :::