Bombay High Court
Laxman Pandit Patil vs The State Of Maharashtra And ... on 2 March, 2017
Bench: S.B. Shukre
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
WRIT PETITION NO. 2663 OF 2017
Laxman s/o Pandit Patil
age 65 years, occ. Agril
r/ 31 Shaninagar, Behind
Suratwala Building
Dhule .. PETITIONER
VERSUS
1 State of Maharashtra
Through Upper Divisional
Commissioner Nasik Division,
Nasik
2 Upper Collector, Jalgaon
dist. Jalgaon
3 Sub Divisional Officer
chalisgaon Dist. Jalgaon
4 Chindha Totaram Patil
age major, occ. Agril
r/o Brahamansevage
Tq. Chalisgaon, Dist. Jalgaon
5 Rajendra Chindha Patil
age major, occ. Contractor
r/o 1134, Aath Hajar Chal
Near Water Tank, Stapur,
Nasik
6 Shivaji Chindha Patil
age major, occ. Driver
r/o Jadhav Snakul,Stapur Nasik
7 Viswas Chindha Patil
age major, occ. Agril
r/o Brahamansevage
Tq. Chalisgaon, Dist. Jalgaon
8 Kalpana Rajendra Patil
age major, occ. Household
r/o Room No. 1134, Aath Hajar Chal
near Water Tank, Stapur,
Nasik
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9 Snagita Shivaji Patil
age major, occ. Household
r/o Jadhav Sankul Stapur
Nasik
10 Mangal Viswas Patil
age major, occ. Agril
r/o Brahamansevage
Tq. Chalisgaon, Dist. Jalgaon
11 Dharamraj Pandit Patil
age major, occ. Servic
r/o NC 19, Chamunda Row House
Nobel Nagar, Ahamdabad City
12 Sahebrao Pandit Patil
age major, occ. Business
r/o A-43, Mahavir Smruti
Parshwnath Town City Shahijpur
Bodha Ahamdabad (Gujrat) 482343
13 Ramkrishna Pandit Patil
age major, occ. Agril
r/o Plot No. 1, Bide Mala
Hirapur Road Chalisgaon
Dist. Jalgaon
14 Lilabai Bhikan Patil
age major, occ. Agril
r/op Gokul nagar,
Behind Govt. Dairy
Dhule
15 Kalabai Babulal Patil
age major, occ. Agril
r/o Shirajgaon, Tq. Chaligaon
Dist. Jalgaon
16 Shindhubai Jagannath Patil (Deceased)
16-A Gokul Jagannath Patil
age major, occ. Agril
16-B Nana Jagannath Patil
age major, occ. Agril
Both r/o Mangrul Parola
dist. Jalgaon
16-C Smt. Usha Dnyaneshwar Patil
age major, occ. Agril
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r/o near Tulaja Bhavani Temple
Malegaon, Dist. Nasik
16-D Smt. Mangalbai Sundip Patil
age major, occ. Agril
r/o Kajipura Hingone
Tq. Chopda, Dist. Jalgaon
16-E Smt. Surekha Bhagwat Patil
age major, occ. Agril
r/o Mothipaori, Tq. Soygaon
dist. Aurangabad .. RESPONDENTS
Mr. P.B. Patil, advocate for petitioner.
Mr. S.B. Pulkundwar, AGP for respondents no. 1 to 3.
Mr. P.K. Joshi, advocate for respondents no. 4 to 10.
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CORAM : S. B. SHUKRE, J.
DATE : 2nd MARCH, 2017.
ORAL JUDGMENT :
1. Heard learned counsel for petitioner, learned AGP for respondents
no. 1 to 3 and learned counsel for respondents no. 4 to 10 who have
appeared by waiving notice. There is no need to issue notice to respondents
11 to 16E as they are supporting the case of petitioner.
2. Rule. Rule made returnable forthwith.
3. This petition challenges the legality and correctness of the order
dated 19th December, 2016, passed by the Upper Commissioner, Nasik,
thereby quashing and setting aside the order passed by the Sub-Divisional
Officer in R.T.S. Revision No. 113/2013 on 20th March, 2014, directing
restoration of mutation entry no. 1562. While passing this order, it is made
clear that the order has been passed subject to the result of Civil Suit being
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Regular Civil Suit No. 81/2013.
4. On perusal of these observations, it is clear that no prejudice is going
to occur to the interest of either of the parties and, it shall be open to the
Civil Court to decide the issue on its own merit, without being influenced by
the orders passed by the revisional authorities. Therefore, I do not see any
reason to make any interference in the impugned order.
5. Writ petition is, therefore, dismissed. It is clarified that the Civil
Court shall decide the issue on its own merit, without being influenced by
the orders passed by the revisional authorities. Final disposal of the suit is
expedited. Rule discharged.
( S. B. SHUKRE )
JUDGE
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