BHANUDAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This writ petition is filed with the following prayers:

(2.) It is not necessary to refer to the facts in detail. However, it would be appropriate to refer to the facts stated in para 6 to 8 of the petition. It is stated by the Petitioners therein that the Petitioners challenged the judgment and order of the Dy. Collector, Land Reforms, Jalna, in File No. LR/ICL/CR/2/92 dated 29.05.1993, before the Maharashtra Revenue Tribunal (M.R.T.), Aurangabad, by way of filing appeal on 09.06.1993. As it is evident from the facts stated in paras 6 to 8 that at the relevant time regular Member of in the M.R.T. was not appointed, as a result the appeal of the Petitioners was not being heard by the M.R.T. It was the case of the Petitioners that the statutory period of limitation of 15 days was to expire within three days at the relevant time and there was every apprehension in the minds of the Petitioners that Respondent No. 2 and their authorities may take possession of the land at any point of time. Therefore, by filing this petition, the Petitioners prayed for interim protection till the disposal of the pending appeal before the M.R.T.

(3.) The learned Counsel for the Petitioners submits that this Court can conveniently dispose of this petition by protecting interest of the Petitioners till the appeal is decided by the M.R.T. He further submits that since the M.R.T. is functioning, the Petitioners can now prosecute their appeal before the M.R.T. This position is not disputed by the learned A.G.P. appearing for the State.