Jaikishor Brijkishor Jaiswal v. Minister of State for Revenue, Maharashtra State, Mantralaya, Mumbai
2016-10-18
R.K.DESHPANDE
body2016
DigiLaw.ai
JUDGMENT : 1. Rule made returnable forthwith. Heard finally by consent of learned counsel appearing for the parties. 2. The order impugned in this petition is passed on 10.08.2016 by the State Minister, Revenue Department, granting status quo concerning the property until further hearing. No reasons are recorded in the said order. 3. Be that as it may, the appeal is already pending before the Collector, Nagpur, bearing Revenue Appeal No. 202/RTS-64/2015-16 filed under Section 247 of the Maharashtra Land Revenue Code, by the respondent. In such situation, the Minister could not have invoke the jurisdiction to grant an interim order, much-less without recording any reasons. The order cannot, therefore, be sustained and is liable to be set aside. 4. In the result, the writ petition is allowed. The order dated 10.08.2016, passed by the Minister concerned is hereby quashed and set aside. The parties to appear before the Collector at Nagpur on 15.11.2016. The Collector either to decide the appeal as a whole within a period of one month thereafter or at any date shall pass an order on the application for stay. Rule is made absolute in above terms. No orders as to costs.