Smt. Shahnaj Begam W/O Mohd. Shafi ... vs The Additional Commissioner, ...
2017 Latest Caselaw 1932 Bom

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


                           WRIT PETITION NO. 139 OF 2017


 1]         Smt. Shahnaj Begam w/o Mohd. Shafi
            Rajvi, aged about 54 years, Occ. Household,
            R/o. Thakur Plot, Tajbag, Nagpur.

 2]         Smt. Husena Begam w/o Sheikh Jamil,
            aged about 45 years, Occ. Household,
            R/o. Colonel (Karnal) Baug, Nagpur.

 3]         Shri Sayyad Pyare Sahab s/o Abdul Kadar,
            aged about 48 years,
            Occ. Prviate, R/o,. Colonel (Karnal) Baug, 
            Nagpur....                                               PETITIONERS

                                ...VERSUS...

 1.         The Additional Commissioner,
            Nagpur Division, Nagpur.

 2.         Nazul Nayab Tahsildar,
            Civil Lines, Nagpur.

 3.         The District Collector, Nagpur.

 4.         City Survey Officer No.1
            Civil Lines, Nagpur.

 5.         Assistant Commissioner,
            Nagpur Municipal Corporation,
            Zone No.4, Nagpur.

 6.         Shri Hafiz Khan s/o Ajim Khan
 `          Pathan, aged about 52 years, Occ. __
            R/o. Gandhigate Road, 
            Shivaji Chowk, Mahal, Nagpur.

 7.         Shri Hamid Khan s/o Ajim Khan,


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          Pathan, aged about 46 years, Occ. ___
          R/o. Gandhigate Road, 
          Shivaji Chowk, Mahal, Nagpur.

 8.      Shri Nasir Khan s/o Hamid Khan
         Ghori, agd about 56 years, Occ. ____
         R/o. Gandhigate Road, 
         Shivaji Chowk, Mahal, Nagpur.......                         RESPONDENTS
 -------------------------------------------------------------------------------------------
 Shri D.V.Siras, counsel for Petitioner.
 Shri K.R.Lule, AGP for Respondent nos. 1 to 4
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                          CORAM: R. K. DESHPANDE, J.

st DATE : 21 APRIL, 2017 .

ORAL JUDGMENT

1] Rule made returnable forthwith.

Heard finally by consent of the learned counsels

appearing for the parties.

2] It is not in dispute that there is no adjudication by

the Additional Commissioner in the Revision No. 02 of 2013-

2014 in respect of the order dated 22.08.2013 passed by the

Revenue Collector. The adjudication has to be done in

respect of the order which is challenged in revision. Since it

has not been done, the order impugned needs to be set

aside with a direction to the Additional Commissioner to

decide the revision afresh in accordance with law after

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hearing the parties concerned.

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

order dated 09.12.2015 passed by the Additional

Commissioner in Revision No. 02 of 2013-2014 is hereby

quashed and set aside. The matter is remitted back to the

Additional Commissioner for fresh decision on merits after

hearing the parties concerned.

The parties to appear before the Additional

Commissioner on 15.05.2017.

JUDGE

Rvjalit