MEHBOOB ABDUL AALAM SURTANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) LEAVE to amend granted. Rule

(2.) RULE Heard forthwith by consent of the parties.

(3.) LEARNED counsel for the petitioner Mr. Sable, submits that the revision before the Maharashtra Revenue Tribunal is pending for hearing. However, since the Presiding Officer of the Tribunal has resigned and the said post has not been filled in, the petitioner is neither in a position to obtain stay nor can got his revision decided. He however, submits that now the Tahsildar has issued the notice impugned asking the petitioner to hand over the possession. Since the revisions are pending before the Maharashtra Revenue Tribunal, I do not think it proper that the petitioner can be allowed to be dispossessed from the suit field and at least till the decision of the revisions. Hence I make the following order: Writ Petition is allowed. Rule is made absolute in terms of amended prayer clause (1 ). It is further made clear that the petitioner shall not be dispossessed until the decision of the revisions which are pending before the Maharashtra Revenue Tribunal. No order as to cost.