1 wp6335-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6335 OF 2011 Joti Krishna Savase .. Petitioner versus The State of Maharashtra .. Respondent Mr.Sandesh D. Patil i/by Mr.Prashant P. Jadhav for the petitioner. Mr.S.N.Bhosle, A.G.P for the respondent/State. CORAM : S.C.DHARMADHIKARI, J. 5th August 2011. P.C.: . Mentioned. Not on board. 2 The petitioner is aggrieved by an order passed by the Tahsildar, Tasgaon, dated 21st June 2011, under section 85 of the Maharashtra Land Revenue Code. 3 According to the petitioner, the proceedings are for partition of 2 wp6335-11.sxw immovable properties, pursuant to the decree of a Civil Court. Aggrieved and dissatisfied with the order of the Tahsildar, the petitioner had approached the Sub Divisional Officer, Miraj by way of the Appeal being Appeal No.605 of 2011 under section 247 the Maharashtra Land Revenue Code, but, no cognizance was taken thereof. 4 Now, the petitioner apprehends that he would be dispossessed in pursuance of notice issued by the Tahsildar at page 35 of the petition paper book. It is stated that the possession has to be handed over by tomorrow, or else, coercive measures will be taken. 5 To my mind, in the light of the statements made in the petition, that an appeal has been preferred before the Sub Divisional Officer, Miraj, before the petitioner has an opportunity to satisfy the said authority that the appeal is maintainable and that it should be dealt with and decided on merits, interest of justice would be served if for a period of two weeks from today, no coercive measures are taken against the petitioner in terms of the notice, nor he is dispossessed from the lands in question. 3 wp6335-11.sxw 6 Accordingly, this petition is disposed off with liberty to the petitioner to approach the Sub Divisional Officer and satisfy him that the appeal preferred is competent and, therefore, should be entertained. To enable him to so satisfy the authority, for a period of two weeks from today, no coercive measures be taken against the petitioner and that he should not be dispossessed from the subject lands. All contentions on maintainability and merits of the appeal of all parties are kept open. All concerned to act upon an authenticated copy of this order. (S.C.DHARMADHIKARI, J)