AVINASH DNYANESHWAR DHAMALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Dr. Warunjikar, learned counsel for the petitioners, Ms. Nimbalkar, learned AGP for respondent nos. 1 and 2 and Mr. Kulkarni, learned counsel for respondent nos. 9 to 17. Dr. Warunjikar informs that respondent nos. 3 to 8 were served with a notice of this petition being heard on 3 September, 2021. However, considering the nature of the grievances and the order I propose to pass, in my opinion, the petition can be disposed of even in the absence of respondent nos. 3 to 8, as no prejudice would be caused to them.

(2.) The petitioners ' challenge in this petition, is to an order dated 10 August, 2021 passed by the learned Additional Collector, Pune. By such order, the petitioners ' application for setting aside mutation entry no. 16748 and for restoration of the 7/12 extract, pending the disposal of petitioners revenue appeal (RTS/2/A/53/2021) has been rejected by the Additional Collector, Pune.

(3.) Disputes between the petitioners and the private respondents on revenue entries in regard to the land in question ultimately culminated into an Appeal (RTS/Appeal/441/2014) being filed by respondent nos. 9 to 17 before the Sub-Divisional Officer, Pune who held in favour of the private respondents. The details of such proceeding need not be discussed, suffice to note that the order passed by the Sub-Divisional Officer was challenged by the petitioners before the Additional Collector in RTS Appeal No. 53 of 2021, which came to be filed on 15 January, 2021, within the prescribed period of limitation of 60 days to file such appeal as ordained by Section 250 of the Maharashtra Land Revenue Code, 1966.