1 wp2223.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2223 OF 2011 Mohan s/o Rangnath Deshmukh, Aged : 66 years, Occ: Agriculture, R/o. Mangalwar Peth, Patil Galli, Paranda, Tq. Paranda, District Osmanabad. ...PETITIONER VERSUS The Hon'ble Minister, Revenue & Forest Department, Mantralaya, Mumbai-32 & Ors. ...RESPONDENTS ... None for the petitioner. Mr. V.G. Shelke, A.G.P. for Resp. Nos. 1 to 4. Mr. V.D. Salunke, Advocate for Resp. No. 5-I. ... CORAM: S.S. SHINDE, J. DATE : 14TH NOVEMBER, 2011 PER COURT : . The matter is heard for about ten minutes, however, the Counsel for the petitioner is not present. 2. Learned Counsel appearing for the legal 2 wp2223.11 heirs of deceased respondent No. 5 submits that, the Divisional Commissioner, Aurangabad has written a letter to the Desk Officer, Revenue and Forest Department, Mantralaya, Mumbai on 29-12-2010 stating therein that, the order which is under challenge before respondent No.1 is passed by the Additional Divisional Commissioner and therefore, revision filed by the petitioner before respondent No.1 cannot be heard and decided by the Divisional Commissioner, Aurangabad. In short, Divisional Commissioner in reply to letter dated 20-10-2010 by the Desk Officer, Revenue and Forest Department, Mantralaya, Mumbai requesting therein to the Divisional Commissioner to hear the proceedings filed by the petitioners, under the Hyderabad Abolition of Inams and Cash Grants Act, 1954, is turned down by the Divisional Commissioner and by letter dated 29-12-2010 Divisional Commissioner is pleased to send back the papers alongwith original file sent by the Desk Officer, Department of Revenue and Forest, Mantralaya, Mumbai to the said Department thereby 3 wp2223.11 requesting the concerned Department to hear the proceedings filed by the petitioner by the State Minister, Department of Revenue and Forest. 3. Prayer clause (E) in the writ petition reads thus : "(E) That, the Respondent No. 2 may please be directed to send the Appeal filed by the petitioner bearing file No. 94/WTN/Appeal/4 to the Respondent No. 1 and Respondent no.1 be directed to decide the said Appeal U/s. 2-A(2) of the Hyderabad Abolition of Inams and Cash Grants Act, 1954." 4. Upon perusal of prayer clause (E), it is crystal clear that the prayer of the petitioner is that the appeal filed by the petitioner bearing File No.94/WTN/Appeal/4 be heard by respondent No.1. Prayer clause (F) is also seeking direction to respondent No.1 to decided the revision application dated 16-08-2010 expeditiously. It is 4 wp2223.11 also not in dispute that, said proceedings are pending before the State Minister for Revenue and Forest Department, Mantalaya, Mumbai. Letter written by the Divisional Commissioner, Aurangabad Division, Aurangabad at Exhibit-F of the compilation of the writ petition dated 29-12-2010 is the complete answer to the prayers of the petitioner. 5. In that view of the matter, no any relief can be granted in this writ petition since the revision application filed by the petitioner is still pending before the State Minister for Revenue and Forest Department, Mantralaya, Mumbai. Exhibit-D is the copy of revision application filed by the petitioner dated 16-08-2008 which is pending before respondent No.1. In that view of the order, no orders are necessary to be passed in this writ petition. Writ Petition is disposed of accordingly. [S.S. SHINDE, J.] sut/NOV11