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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Writ Petition No. 3768/2015
Hanuman S/o Mahadu Aru,
Aged 57 years, Occ. Cultivator,
R/o Rithad, Tah. Risod, Dist. Washim
..... PETITIONER
...V E R S U S...
Bandu S/o Mahadu Aru,
Aged 47 years, Occ. Cultivator,
R/o Rithad, Tah. Risod, Dist. Washim
... RESPONDENT
=====================================
Shri V.G. Wankhede, Advocate for the petitioner
None for the respondent
=====================================
CORAM:- Z.A. HAQ,J.
DATED :- 10 November
th
,
201
7
ORAL JUDGMENT :-
1] None appears for the respondent though served. Heard
Shri V.G. Wankhede, Advocate for the petitioner.
2] Rule. Rule made returnable forthwith.
3] The petitioner has challenged the order passed by Sub-
Divisional Officer by which the revision application filed by him
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under Section 23 (2A) of the Mamlatdars' Courts Act, 1906 is
dismissed. Relying on the judgment given by this Court in the case
of Bija S/o Maroti Hatwar vs Kisan S/o Chirkut Padole and another
reported in 2015(1) Mh.L.J 282 it is submitted that the Sub-
Divisional Officer had no jurisdiction to decide the revision
application and the impugned order is illegal. The submissions
made on behalf of the petitioner are required to be accepted in
view of the above referred judgment.
Hence, the following order is passed:-
O R D E R
1] The impugned order passed by the Sub- Divisional Officer is set aside. 2] The matter is remitted to Collector, Washim. The Collector, Washim may either decide the revision application himself or make it over to any Officer competent to decide the revision application as per Section 23 (2A) of the Mamlatdars' Courts Act, 1906.
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3] The petitioner shall appear before the
Collector, Washim on 18/12/2017 at 11:00 a.m and abide by further instructions/orders in the matter. 4] The Authority which would be taking up the revision application for decision, shall dispose the revision application according to law after ensuring that the notice of revision application is served on the respondent.
Rule made absolute in the above terms. In the circumstances, the parties to bear their own costs.
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