ARIF PATEL Vs. SUDHA KRISHNA SALIAN

JUDGEMENT

(1.) THIS petition questions the decision making process leading to making of an order dated 20 September 2014 by the Maharashtra Revenue Tribunal, Mumbai ("Tribunal").

(2.) RESPONDENT No. 1, sometime in the month of May 2014 preferred an Appeal No. 17 of 2014 before the Tribunal impugning the order dated 19 April, 2014 made by the Superintendent of Land Records. This appeal was accompanied by an application for stay/interim relief. The matter was taken up by the Tribunal, inter alia, on 16 June 2014, 17 June 2014 and 16 July, 2014 and on all these dates, except on 17 June 2014, the petitioner was represented by Mr. Y.E. Mooman. The roznama dated 16 July 2014 records that an issue of jurisdiction had arisen and a reference needs to be made to this Court under Section 113 of Code of Civil Procedure, 1908. The roznama further records that such reference is under preparation and since the Steno is on sick leave, the matter has to be posted for 20 September, 2014.

(3.) MR . Mooman, learned counsel for the petitioner reiterated that he was present before the Tribunal on 20 September 2014, when the matter was simply adjourned to 18 December 2014 on the ground that the Court's Steno continued on leave and the reference order was not ready. At that stage, no motion was made for any interim reliefs. Further, Mr. Mooman submitted that upon perusal of the impugned order, it is clear that same is totally bereft of reasons. For all these reasons, it was submitted that there is gross breach in compliance with principles of natural justice and fair play.