Bombay High Court
Jijabai W/O Pundlikram Udapure vs Parasram S/O Tulsiram Harinkhede ... on 5 April, 2017
Bench: Z.A. Haq
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.286/2014
Jijabai w/o Pundlikram Udapure,
aged 50 Yrs., Occu. Agriculturist,
R/o Kudwa, Tah. and Distt. Gondia. ..Petitioner.
..Vs..
1. Parasram s/o Tulsiram Harinkhede,
through legal representatives.
a. Shantabai w/o Parasram Harinkhede,
aged 51 Yrs., Occu. Household,
R/o Risana, Tahsil Amgaon,
Distt. Gondia.
b. Yogeshwari w/o Puranmal Turkar,
aged 59 Yrs.
c. Laxmibai Tansingh Sonaone,
aged 56 Yrs., Service, R/o Premnagar,
Balaghat, M.P.
d. Latabai Jwalaprasad Bisen,
aged 52 Yrs., R/o Risana,
Tahsil Amgaon, Distt. Gondia.
All through power of attorney holder
Shri Puranlal Bhagwat Turkar,
R/o Kudwa, Tahsil and Distt. Gondia.
2. Jayabai w/o Rajaram Harinkhede,
aged 70 Yrs., Occu. Agriculturist,
R/o Kudwa, Tah. and Distt. Gondia.
3. The Tahsildar, Gondia,
Distt. Gondia.
4. The Sub-Divisional Officer,
Gondia, Distt. Gondia.
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5. Additional Collector, Gondia,
Distt. Gondia.
6. Divisional Additional Commissioner,
Nagpur, Civil Lines, Nagpur. ..Respondents.
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Shri M.R. Johrapurkar, Advocate for the petitioner.
Shri Amol Mardikar, Advocate for respondent No.1.
Ms. Tajwar H. Khan, A.G.P. for respondent Nos.3 to 6.
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CORAM : Z.A.HAQ, J.
DATE : 5.4.2017.
C.A.W. NO.1162/2016.
For the reasons stated in the application, the prayer for early
hearing is granted. No costs.
ORAL JUDGMENT
1. Heard Shri M.R. Johrapurkar, Advocate for the petitioner, Shri Amol
Mardikar, Advocate for the respondent No.1 and Ms. Tajwar H. Khan, A.G.P.
for the respondent Nos.3 to 6. None for the respondent No.2 though served.
2. The petitioner has challenged the order passed by the Additional
Commissioner allowing the revision application filed by the respondents and
setting aside the order passed by the Additional Collector and the
Sub-Divisional Officer. The effect of the impugned order passed by the
Additional Commissioner is that the names of the petitioner stands deleted and
the names of respondent Nos.1(a) to 1(d) are mutated in the revenue record.
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3. In the impugned order, the Additional Commissioner has recorded
about the pendency of three civil suits before the Civil Court, Gondia and also
about other proceedings between the parties, in respect of the suit
property.
4. It is noticed in several matters that the orders passed by Shri S.G.
Gautam, the Additional Commissioner, are required to be set aside because
of irregular and illegal exercise of the powers and jurisdiction by
him. Hence, without adverting to the merits of the matter, to enable the
parties to have one more opportunity so that the parties are satisfied that
justice is not only done but seems to have been done, the following order is
passed :
(i) The impugned order is set aside.
(ii) The matter is remitted to the Additional Commissioner,
Nagpur Region, Nagpur for deciding the revision filed by the respondents
afresh.
Needless to say that the revision shall be decided after
granting hearing to the concerned parties.
(iii) The petitioner and the representatives of the respondent
Nos.1 and 2 shall appear before the Additional Commissioner, Nagpur
Region, Nagpur on 16th June, 2017 at 11-00 a.m. and abide by the further
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orders.
Rule is made absolute in the above terms.
In the circumstances, the parties to bear their own costs.
JUDGE
Tambaskar.
