Bombay High Court
Gangabai Santuka Died Lrs Maroti ... vs The Honble Minister Revenue And ... on 25 July, 2017
Bench: S.P. Deshmukh
(Judgment) (1) W.P. No. 07767 of 2017
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
AURANGABAD BENCH, AT AURANGABAD.
Writ Petition No. 07767 of 2017
District : Nanded
Smt. Gangabai w/o. Santuka
(Since deceased) Through
Maroti s/o. Moglaji Bunnod,
Age : 50 years,
Occupation : Agriculture,
R/o. Bannali,
Taluka Dharmabad,
District Nanded. .. Petitioner.
versus
1. The Hon'ble Minister,
Revenue and Forest Department,
Mantralaya, Mumbai - 32.
2. The Deputy Director,
Land Records, Aurangabad Division,
Aurangabad.
3. The District Superintendent
of Land Records, Nanded,
District Nanded.
4. The Deputy Superintendent
of Land Records,
Dharmabad,
Taluka Dharmabad,
District Nanded.
5. Manikrao s/o. Potanna Patil,
Age : 65 years,
Occupation : Agriculture,
R/o. Bannali,
Taluka Dharmabad,
District Nanded,
Through GPA
Kishor s/o. Manikrao Patil,
Age : 38 years,
Occupation : Agriculture &
Business,
R/o. Bannali,
Taluka Dharmabad,
District Nanded. .. Respondents
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(Judgment) (2) W.P. No. 07767 of 2017
6. Chandar Satwaji (Deceased),
Through his legal heir :
6-A] Narayan s/o. Chandar Chapale,
Age : 45 years,
Occupation : Agriculture,
R/o. Bannali,
Taluka Dharmabad,
District Nanded.
7. Ramu (Ramchandra) s/o. Nagnath
Patil,
Age : 54 years,
Occupation : Agriculture,
R/o. Bannali, Taluka Dharmabad,
District Nanded.
8. Subhash s/o. Pundlik Patil,
Age : 50 years,
Occupation : Agriculture,
R/o. Bannali, Taluka Dharmabad,
District Nanded.
9. Yashodabai w/o. Gangadhar .. Respondents
Gavkhore (Patil), no.06 to 09 deleted
Age : 55 years,
Occupation : Household,
R/o. Bidrali, Taluka Mudhol,
District Adilabad (Andhra Pradesh).
...........
Mr. U.B. Bilolikar, Advocate, for the petitioner.
Mr. Y.G. Gujarathi, Assistant Government Pleader, for
respondents no.01 to 04.
Mr. V.V. Bhavthankar, Advocate, for respondent no.05.
Respondents no.06 to 09 deleted.
...........
CORAM : SUNIL P. DESHMUKH, J.
DATE : 25TH JULY 2017
(Judgment) (3) W.P. No. 07767 of 2017
ORAL JUDGMENT :
01. At the outset, learned counsel for the petitioner states
that respondents no.06 to 09 were added as formal parties and that
notices were not issued to them at the request of the petitioner. He
further, on instructions, submits that said respondents are not
necessary parties to the writ petition and, as such, seeks deletion of
the same. Said respondents were respondents in the proceedings
before respondent no.01.
02. Respondents no.06 to 09 stand deleted at the risk and
peril of the petitioner.
03. It has been referred to that review application was not
maintainable before respondent no.01 and that proceedings were
filed beyond the period of limitation.
04. Mr. V.V. Bhavthankar, learned counsel for respondent
no.05 tenders across photo-copy of communication dated 16-07-
2017, received by him from respondent no.05, referring to that said
respondent has no particular objection if the writ petition is allowed
in terms as prayed for in the writ petition. The photo-copy of
communication is marked 'X' in writ petition no. 7768 of 2017.
05. In view of the aforesaid submissions, impugned order
(Judgment) (4) W.P. No. 07767 of 2017
dated 19-04-2017 passed by Minister of Revenue & Forest
Department, Government of Maharashtra, in review proceedings
bearing Appeal (Review)-2017/PK119/J-7(A) stands set aside.
06. The writ petition to aforesaid extent stands allowed and
disposed of.
( Sunil P. Deshmukh )
JUDGE
puranik / WP7767.17
