Bombay High Court
Kamlakar Bapurao Kulkarni And ... vs Popatrao Vitthalrao Kulkarni And ... on 12 July, 2022
Bench: Ravindra V. Ghuge, S. G. Dige
{1} CA-10108-2022
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 10108 OF 2022
IN REVIEW APPLICATION (CIVIL)(ST) NO. 16739 OF
2022
IN WRIT PETITION NO. 1250 OF 2022
KAMLAKAR BAPURAO KULKARNI AND OTHERS
VERSUS
POPATRAO VITTHALRAO KULKARNI AND OTHERS
...
Mr. R.S. Deshmukh, senior counsel i/b.
Mr. D.R. Deshmukh, advocate for Applicants
Mr. S.G. Sangle, AGP for Respondent Nos. 2 to 6.
....
CORAM : RAVINDRA V. GHUGE
& S.G. DIGE, JJ.
DATE : 12th July, 2022
ORDER :
1. The review applicants were not arrayed as
respondents in Writ Petition No.1250 of 2022. Delay of 89
days is caused in fling the review application.
2. Issue notice to the respondents, returnable on 18 th
August, 2022.
3. The learned A.G.P. waives service of notice on behalf
of respondent Nos.2 to 6.
Pooja K.
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4. The learned senior advocate representing the review
applicants submits that this case is a classic example of
an attempt to mislead or misrepresent this Court and
seek an order purportedly having a semblance of being
on innocuous order, in an abuse of the process of law.
5. The learned senior advocate submits that the
original petitioner had already approached the Sub-
Divisional Ofcer, Beed in case No. 2011/ROR/218,
seeking deletion of the name of a L.R., wrongly entered in
the revenue entry. An order was passed by the Sub-
Divisional Ofcer on 06.02.2014 allowing the application.
The applicants assailed the said order in
2014/CD/APPEAL/CR-46 and by an order dated 23 rd May,
2014, the Additional District Collector allowed the appeal
preferred by the present applicants. The original
petitioner, therefore, approached the Additional
Commissioner, Aurangabad Division, Aurangabad in case
No. ROR/REV/210/2014/B invoking section 257 of the
Maharashtra Land Revenue Code, 1966. By judgment
dated 27.11.2015, the revision petition was dismissed. A
Pooja K.
{3} CA-10108-2022
review application was fled before the same authority by
the original petitioner and by order dated 17.03.2018, the
review application was rejected.
6. Thereafter, the original petitioner approached this
Court in Writ Petition No.1250 of 2022 indicating in the
cause title that the respondent be directed to correct the
clerical errors in the record of rights and registers
maintained under section 155 of the Maharashtra Land
Revenue Code, 1966, considering the pending application
dated 11.04.2009. By an order dated 25.01.2022, the
petition was disposed of by believing that the grievance
of the petitioner is only to the extent of correcting the
clerical errors. A direction was issued to consider all the
stakeholders and decide the pending proceedings.
7. The learned senior advocate makes a serious
grievance and submits on instructions that, the learned
advocate who appeared before the Additional Divisional
Commissioner in the review proceedings, was the same
advocate, who had preferred Writ Petition No.1250 of
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2022.
8. When the grievance of the original petitioner was
already addressed by four authorities, we fnd that a
statement was made in the petition, in paragraph No. 14
that, the petitioner had not approached any Court or the
Hon'ble Supreme Court for the cause of action espoused
in the writ petition. Prima-facie, we are of the view that,
the original petitioner has not only suppressed the earlier
rounds of litigation, but the petitioner did not even array
the review applicants, who were all along involved in the
litigation. It was further suppressed that, the application
dated 11.04.2009, on the basis of which the petitioner
acquired an order from this Court, is refected in the
opening line of the order of the Sub-Divisional Ofcer,
Beed dated 06.02.2014, indicating that the said
application was already adjudicated upon.
9. In view of the above, we deem it appropriate, in the
facts and circumstances of the present case, to stay the
efect of our order dated 25.01.2022 and direct the
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Tahsildar, Georai to refrain from proceeding with the
matter and shall not conduct any hearing thereon, until
further orders of this Court.
10. The learned AGP is requested to convey this order to
respondent No.6.
11. Stand over to 18th August, 2022, in the urgent
category.
(S.G.DIGE, J.) (RAVINDRA V. GHUGE, J.)
Pooja K.
