Bhaskar S/O Vishambhar Wankhede ... vs Anuradha Vijaykant Wankhede And ...
2022 Latest Caselaw 7254 Bom

                                                                                                     (1)                                                 wp4100.22

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

                                                  WRIT PETITION NO. 4100/2022
Bhaskar s/o vishambhar Wankhede and Ors. .vs. Sau. Anuradha Vijaykant Wankhede
                                 and others.

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Office Notes, Office Memoranda of Coram,                                                                     Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                                               Mr. V. R. Thote, Advocate for petitioners.
                                               Ms S. Haider, A.G.P. for respondent no.5.

                                                             CORAM :                     AVINASH G. GHAROTE, J.

DATE : 27.07.2022

The only issue raised is regarding authority of the Sub Divisional Officer, to exercise the revisional powers under Section 23 of the Mamlatdar Courts Act, as recorded in the order dated 20.07.2022.

2. Learned A.G.P. places reliance upon Kashiram Asaram Ghadge and Ors. Vs. Ramdas Bhanudas Pund and anr.; Writ Petition No.7839/2017, decided on 13.10.2017 by the learned Single Judge of this Court at Aurangabad, which takes a specific view that the authority dealing with the Revision under Section 23 (2) of the Mamlatdar Courts Act is, in fact, the Assistant or Deputy Collector. He is routinely referred as Sub Divisional Officer, the said nomenclature is used commonly by one and all in the State.

3. The matter, therefore, appears to be covered by the said judgment. Apart from which, there is a notification (2) wp4100.22

dated 07.08.2019, under the provisions of Section 23 (2-a) of the Act, whereby the Collector has delegated the power under Section 23 to the Sub Divisional Officer. That being the position, in my considered opinion, nothing survives in the petition. The petition is accordingly dismissed. No order as to costs.

JUDGE

kahale

Digitally signed byYOGESH ARVIND KAHALE Signing Date:28.07.2022 10:39