Bombay High Court
Bhimrao Tulshiram Salve Died Through ... vs Shobhatai Trimbakrao Sawant And Others on 9 August, 2024
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
2024:BHC-AUG:17860-DB
7415.24ca etc
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
960 CIVIL APPLICATION NO. 7415 OF 2024
IN WP/423/2024
BHIMRAO TULSHIRAM SALVE, DIED, THROUGH LRS Smt.
MANISHA BHIMRAO SALVE AND OTHERS
VERSUS
SHOBHABAI TRIMBAKRAO SAWANT AND OTHERS
WITH
CIVIL APPLICATION NO. 7416 OF 2024
IN WP/423/2024
BHIMRAO TULSHIRAM SALVE, DIED, THROUGH LRS
MANISHA BHIMRAO SALVE AND OTHERS
VERSUS
SHOBHATAI TRIMBAKRAO SAWANT AND OTHERS
....
Mr A. A. Mukhedkar, Advocate for Applicants;
Mr P. D. Bachate, Advocate for Respondent Nos.1 & 2
Mr N. S. Tekale, A.G.P. for Respondent Nos.3 & 4
CORAM : RAVINDRA V. GHUGE
AND
Y. G. KHOBRAGADE, JJ.
DATE : 9th August, 2024
PER COURT:
1. By Civil Application No.7415/2024, the Applicants
pray for leave to intervene in a disposed off Writ Petition
No.423/2024 and the Original Petitioners be directed to array the
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present Applicants as Respondents in the said Writ Petition. Vide
Civil Application No.7416/2024, the Applicants seek review of
the order dated 10/01/2024, which was passed by this Court in the
said Writ Petition.
2. For clarity, we are reproducing the order passed by
this Court, dated 10/01/2024 in Writ Petition No.423/2024 herein
under :-
"1. The Petitioners have put forth prayer clause
(B), which reads as under :-
"(B) By way of writ of mandamus or any other
appropriate writ, order or directions, the Hon'ble
Court may kindly direct the respondent No. 2 the
Collector, Parbhani to decide the application dated
27.09.2023 for payment of Nazrana pursuance to the
application filed by the original allottee / Bhivraji
Avchar dated 17.11.2004 in view of the order dated
15.04.2015 in Appeal No. Appeal-2015/PK 1/J-7
passed by the Hon'ble Minister (Revenue),
Maharashtra State, Mantralaya, Mumbai."
2. Considering the above prayer, this Writ Petition
is disposed off, with a direction to Respondent
No.2/Collector, Parbhani, to respond to the pending
application of the Petitioners and arrive at a decision
within 90 days from today."
7415.24ca etc
3. It is, thus, obvious that, before us was a judgment of
the Hon'ble Minister, dated 15/04/2015. When we passed the
above order on 10/01/2024, the said judgment of the Hon'ble
Minister was upheld by the learned Single Judge of this Court,
vide the judgment dated 05/06/2023 in Writ Petition
No.11115/2015, filed by the present Applicants before us. Hence,
a Review Petition was filed on 30/06/2023 and was not circulated
for almost a year. The learned Single Judge has concluded that
the Review Applicants are unconnected with the property of the
Petitioners before us.
4. Besides the above, we had only called upon the
Collector to 'respond to the pending representation' of the
Petitioners. It was for the District Collector to decide, as to how
the Application was to be dealt with and what order was to be
passed.
5. In view of the above, no purpose would be served in
allowing the Intervention Application, there is no error apparent
on the face of the order dated 10/01/2024, that we have passed. It
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was an innocuous order, calling upon the District Collector to
respond to the representation of the Petitioners.
6. In view of the above, both these Civil Applications
stand rejected.
(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)
sjk
