1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9721 OF 2009 Mrs.Pravina Shailesh Panchal & Anr. ...Petitioners Versus Shri Navin Chandra Ramniklal ...Respondent ...... Mr.R.D.Mishra for Petitioners. Mr.J.A.Udaipuri with Ms.Shital S.Rankhambe i/b M/s.Udaipuri & Co. for the Respondent. ...... CORAM:- A.S.OKA, J. DATED:- FEBRUARY 25, 2010. P.C. 1. Heard learned Counsel appearing for the Petitioners and the learned Counsel appearing for the Respondent. 2. Apart from other contentions on merits, the learned Counsel appearing for the Petitioners submitted that before the Revisional Authority, the Petitioners had contended that the application for eviction was not maintainable in view of bar created by Section 22 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) 2 Act, 1971. He submitted that the said issue has not dealt with by the learned Additional Commissioner. 3. After hearing the parties, I find that the arguable questions are raised and therefore the Petition requires final hearing. The learned Counsel appearing for the Respondent submitted that instead of keeping the Petition pending in this Court, by setting aside the order in revision, the learned Additional Commissioner be directed to hear and decide the Revision Application afresh within a time bound schedule. 4. In view of the aforesaid submissions, Petition is disposed of by passing following order: (a) The impugned order dated 5th November 2009 is quashed and set- aside and Revision Application bearing No.299 of 2009 is restored. (b) The parties are directed to appear before the learned Additional Commissioner, Konkan Division on 22nd March 2010 at 11.00 a.m. It is made clear that no further notice of the date fixed shall be served to the parties. 3 (c) The learned Additional Commissioner will hear and decide the Revision Application afresh including the contention of the Petitioners based on Section 22 of the said Act of 1971. (d) The Revision Application shall be decided as expeditiously as possible and preferably within a period of eight weeks from the date of appearance. (e) The order of eviction shall not be implemented till Revision Application is decided on merits. (f) All contentions of the parties on merits of the Revision Application are kept open. (g) Writ Petition is partly allowed on the above terms with no order as to costs. (A.S.OKA, J.)