Lagir S/O Onkargir Gosavi vs Deputy Director Land Records, ...
2016 Latest Caselaw 33 Bom

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                     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,


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              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

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