Jaikishor S/O Brijkishor Jaiswal vs Minister Of State For Revenue, ...
2016 Latest Caselaw 6151 Bom

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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             NAGPUR BENCH, NAGPUR




                                                                            
                              WRIT PETITION NO. 5002 OF 2016




                                                    
                Jaikishor Brijkishor Jaiswal,
                aged about 55 years, Occ. Agriculturist,




                                                   
                R/o. Main Road, Lala Lines,
                Athner, District Baitul (M.P.) ......                   PETITIONER

                                   ...VERSUS...




                                        
     1.         Minister of State for Revenue,
                             
                Maharashtra State, Mantralaya,
                Mumbai.
                            
     2.         State of Maharashtra, through its
                Secretary, Revenue Department,
                Mantralaya, Mumbai.
      

     3.         The District Collector, Nagpur,
                O/o Civil Lines, Tah. And Distt. Nagpur.
   



     4.         Sub Divisional Officer (Revenue),
                Nagpur (Rural).





     5.         Tahsildar, Nagpur (Rural).

     6.         Revenue Inspector, Hudkeshwar.

                Respondent No.4 to 6 are having office





                at Tahsil Office (Nagpur-Rural), Opp. M.L.A
                Hostel, Civil Lines, Nagpur.

     7.         Sanjay Rathod,
                (Minister of Stae for Revenue)
                Aged about 55 years, Occ. Not Known,
                Mantralaya (Annex Building), Mumbai.

     8.         Ashok Brijkishor Jaiswal,
                aged about 60 years, Occ. Agriculturist,
                R/o. Kharbi, Tq. And Distt. Nagpur.......      RESPONDENTS


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     Shri N.L.Jaiswal, counsel for Petitioner.
     Shri N.S.Rao, AGP for Respondent Nos. 1 to 6




                                                             
     Shri S.R.Deshpande, counsel for Respondent no. 8
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                              CORAM: R. K. DESHPANDE, J.

th DATE : 18 OCTOBER, 2016 .

ORAL JUDGMENT

1] Rule made returnable forthwith.

Heard finally by consent of learned counsel

appearing for the parties.

2] The order impugned in this petition is passed on

10.08.2016 by the State Minister, Revenue Department,

granting status quo concerning the property until further

hearing. No reasons are recorded in the said order.

3] Be that as it may, the appeal is already pending

before the Collector, Nagpur, bearing Revenue Appeal No.

202/RTS-64/2015-16 filed under Section 247 of the

Maharashtra Land Revenue Code, by the respondent. In

such situation, the Minister could not have invoke the

jurisdiction to grant an interim order, muchless without

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recording any reasons. The order cannot, therefore, be

sustained and is liable to be set aside.

4] In the result, the writ petition is allowed. The

order dated 10.08.2016, passed by the Minister concerned

is hereby quashed and set aside. The parties to appear

before the Collector at Nagpur on 15.11.2016. The Collector

either to decide the appeal as a whole within a period of one

month thereafter or at any date shall pass an order on the

application for stay.

Rule is made absolute in above terms. No orders as to

costs.

JUDGE

Rvjalit