Bombay High Court
Shalik S/O Vitthal Bhishekar And 2 ... vs The Additional Commissioner, ... on 13 June, 2016
Bench: Z.A. Haq
Judgment 1 wp4457.14.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 4457 OF 2014
1. Shalik S/o. Vitthal Bhishekar,
Aged about 47 years,
2. Ramdas S/o. Vitthal Bhishekar,
Aged about 50 years,
3.
Shankar S/o. Vitthal Bhishekar,
Aged about 54 years,
All agriculturists and residents of
Girad, Tahsil Samudrapur, District
Wardha.
.... PETITIONERS.
// VERSUS //
1. The Additional Commissioner,
Nagpur Division, Nagpur.
2. The Additional Collector,
Wardha, Collectorate, Wardha,
Tahsil and District : Wardha.
3. The Sub-Divisional Officer,
Hinganghat, Tahsil : Hinganghat,
District : Wardha.
4. The Naib Tahsildar,
Samudrapur, Tahsil : Samudrapur,
District : Wardha.
5. Maroti S/o. Dhondaba Kamble,
Aged about 79 years, Occupation :
Agriculturist, Resident of Girad,
Tahsil : Samudrapur, District : Wardha.
.... RESPONDENTS
.
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Judgment 2 wp4457.14.odt
___________________________________________________________________
Shri Chetan Sharma, Advocate for Petitioners.
Shri H.R. Dhumale, A.G.P. for Respondent Nos. 1 to 4.
None for Respondent No.5.
___________________________________________________________________
CORAM : Z.A.HAQ, J.
DATED : JUNE 13, 2016.
ORAL JUDGMENT :
1.
Heard learned advocate for the petitioners and learned A.G.P.
for the respondent Nos. 1 to 4. None appears for the respondent No.5.
2. RULE. Rule made returnable forthwith.
3. The petitioners have challenged the order passed by the
Additional Commissioner dismissing the revision filed by the petitioners and
upholding the order passed by the Additional Collector by which the appeal
filed by the respondent No.5 was allowed.
4. The respondent No.5 had applied for mutation of entries in
respect of the suit field. The application filed by the respondent No.5 was
allowed by the Naib Tahsildar by the order dated 18th July, 2006. This order
was challenged before the Sub-Divisional Officer in appeal which was
allowed by the order dated 22nd March, 2010 and the order passed by the
Naib Tahsildar was set aside. The order passed by the Sub-Divisional Officer
Judgment 3 wp4457.14.odt
was challenged before the Additional Collector in appeal which was allowed
by the order dated 16th April, 2012, the order passed by the Sub-Divisional
Officer was set aside and the order passed by the Naib Tahsildar was
restored. The order passed by the Additional Collector was challenged by the
petitioners before the Additional Commissioner in revision which is
dismissed.
5.
The learned advocate for the petitioners has submitted that the
impugned order is unsustainable as the Additional Commissioner while
exercising the revisional jurisdiction has not dealt with the points raised by
the petitioners. After going through the impugned order, I find that the
submissions made by the learned advocate for the petitioners are required to
be accepted. Apart from this, the prayer made by the respondent No.5 for
mutation was accepted by the Naib-Tahsildar subject to decision of Appeal
No. 80 of 2006 which was pending before the District Court. The learned
advocate for the petitioners has stated that the appeal is decided.
6. In view of the above, the following order is passed :
i) The impugned order passed by the Additional Commissioner is
set aside.
ii) The revision is remitted to the Additional Commissioner,
Nagpur Division, Nagpur for deciding it afresh after hearing the
parties.
Judgment 4 wp4457.14.odt
iii) The Additional Commissioner shall take into consideration the
effect of the judgment passed by the District Court in Appeal
No. 80 of 2006.
iv) The petitioners undertake to appear before the Additional
Commissioner, Nagpur Division, Nagpur on 29th August, 2016.
v)
The Additional Commissioner shall issue notice to the
respondent No.5 and decide the appeal after hearing the
parties.
Rule is made absolute in the above terms. In the circumstances,
the parties to bear their own costs.
JUDGE
RRaut..
