Bombay High Court
Takdis Salim Kokani And Others vs The State Of Maharashtra Through ... on 20 October, 2021
Bench: Mangesh S. Patil
78&79wps10137&10138-21.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
78 WRIT PETITION NO.10137 OF 2021
TAKDIS SALIM KOKANI AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE PUBLIC
PROSECUTOR AND OTHERS
...
Advocate for Petitioners : Mr.A.S.Khandeparkar a/w Prerak A.
Sharma & Savale Amit S
AGP for Respondents: K.B.Jadhavar
Adv.Karpe Rahul R. for R/9
...
79 WRIT PETITION NO.10138 OF 2021
TEHSEEN JILANI KOKANI AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE PUBLIC
PROSECUTOR AND OTHERS
...
Advocate for Petitioners : Mr.A.S.Khandeparkar a/w Prerak A.
Sharma & Savale Amit S
AGP for Respondents: K.B.Jadhavar
Adv.Karpe Rahul R. for R/9
...
CORAM: MANGESH S PATIL,J.
DATE : 20.10.2021
P.C.:
The learned advocate Mr.Karpe for the contesting
respondents informs that the petitioners are impugning
interlocutory orders passed by a Minister in substantive
proceedings in the form of revisions under Section 257 of the
78&79wps10137&10138-21.odt
Maharashtra Land Revenue Code. The main proceedings i.e.
the revisions itself have now been decided by the Minister by
the judgments and orders dated 23/09/2021.
2] He also produces on record copies of the final order
passed by the learned Minister. Those are taken on record and
marked "X" for the purpose of identification. In view of such
supervening events, the Writ Petitions are disposed of having
become infructuous.
3] The learned advocate Mr.Khandeparkar submits that
though not in these Writ Petitions, in the Writ Petitions filed
by the respondent viz. Writ Petition No.7154/2021 and the
connected Writ Petition, this Court by order dated
12/07/2021 had directed the learned Minister to decide the
proceeding before him within a stipulated period and till then
the parties were directed not to create any third party interest.
He submits that even present decisions have been rendered ex
parte, without there being any notice to or knowledge of the
petitioners. He prays that he may have to now file extensive
Writ Petitions impugning final orders as well, but that would
take some time. Therefore the interim arrangement may be
allowed to continue for a reasonable time.
4] The learned advocate Mr.Khandeparkar further submits
that though no separate minutes were recorded in these Writ
Petitions it was with the understanding that some kind of
78&79wps10137&10138-21.odt
interim relief was in operation pursuant to the order passed in
the connected Writ Petitions filed by the respondent dated
12/7/2021, the arrangement can continue for a reasonable
time.
5] The learned advocate Mr.Karpe strongly opposes the
request. He submits that it is pursuant to the direction of this
Court that the learned Minister has now decided the matters
finally. No fault can be found with him. The decisions have
not been rendered ex parte. The interim relief was granted in
the Writ Petitions filed by the respondents and that has ceased
to have any effect no sooner the substantive proceedings were
decided by the learned Minister.
6] Having considered the rival submissions, since by virtue
of the interim relief, may be that was granted in the Writ
Petitions filed by the respondents, the parties were refrained
from creating any third party interest till the time the learned
Minister decided the matter.
7] Now that the final decisions have come and the
petitioners may have to challenge those, the present Petitions
having become infructuous, the same arrangement can
continue till 22/11/2021. It is ordered accordingly.
[MANGESH S. PATIL,J.]
umg/
