:1: :1: :1: FARAD CONTINUATION SHEET IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 5720 OF 2005 WRIT PETITION NO. 294 OF 2008 WRIT PETITION NO. 1556 OF 2007 WRIT PETITION NO. 1901 OF 2007 WRIT PETITION NO. 1903 OF 2005 WRIT PETITION NO. 8324 OF 2007 WRIT PETITION NO. 8343 OF 2007 WRIT PETITION NO. 9023 OF 2007 WRIT PETITION NO. 4753 OF 2007 WRIT PETITION NO. 7395 OF 2007 -------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s or directions and Registrar’s Orders Orders -------------------------------------------------------------------------- Mr. S.A.Sawant, Adv for the petitioners. Mr.Anand Kulkarni, Adv. for Respondent Nos.1 to 5. in (W.P.No.5720/2005). Mr.S.S.Patwardhan for the petitioner. Mr.V.B.Rajure for respondent nos. 9 and 10.(W.P.294/08) Mr.Mandar Limaye i/by. Mr.S.D.Thokade, Adv for the petitioner. Mr.A.A.Garge for respondent nos.1,2 and 4. Mr.A.A. Kumbhakoni, Associate Advocate General :2: :2: :2: with Ms.P.S.Cardozo, for respondent nos.8 and 9. (W.P. No.1556 of 2007). Mr.N.J.Patil, Adv. for the petitioner. Mr.S.G.Karandikar, Adv for respondent no.1A (W.P. No.1901 of 2007 and W.P.No. 1903 of 2007). Mr.A.G.Damle, Adv. for the petitioner. Mr.A.K.Mahajan, Adv. for the respondents. (W.P.No.8324 of 2007 and W.P.No.8343 of 2007). Mr.S.G.Karandikar, Adv. for the petitioner (W.P.No.9023 of 2007). Mr.Tanaji Mhatgude h/f. Sugandh Deshmukh, Adv. for the petitioner. Mr.N.V.Bandiwadekar, Adv. for respondent nos.1 to 6, 9 and 10.(W.P.No.4753/2007) Mr.R.N.Gite, Adv.for the petitioner. Mr.A.A.Kumbhakoni, Associate Adv.General with Ms.P.S.Cardozo for respondent nos.2 and 3. (W.P.No.7395 of 2007). CORAM: S.C.DHARMADHIKARI, J. DATED: 21ST FEBRUARY,2008. P.C. P.C. P.C. : : : 1. In pursuance of the earlier orders, an Affidavit is filed by the Deputy Secretary in the Department of Revenue and Forests, Government of Maharashtra, pointing out therein that the appointment of President is made and the terms and conditions are also revised by the Government. Insofar as, the accommodation for President of the Maharashtra Revenue :3: :3: :3: Tribunal is concerned, the Affidavit sets out the provisions made. Insofar as the infrastructure is concerned, the Affidavit states that the Department has sent proposal for computers and telephones and the proposals will be approved shortly. Insofar as the staff is concerned, the arrangements are being made. The appointment for rest of the posts would be duly made. Insofar as the office space is concerned, Mr.Kumbhakoni learned Associate General states that the office space at Mumbai Tribunal (principal seat) is inadequate and the proposal for additional area is being considered, but that may take a longer time. The factual position with regard to the appointment of members is also set out and it is stated that the Government is awaiting the response from the Administrative side of this court, insofar as, the appointments to the posts of members of the Maharashtra Revenue Tribunal is concerned. However, it is assured that an endeavour would be made to appoint the Members at the Benches at Nagpur and :4: :4: :4: Aurangabad, so also, at Mumbai. Mr.Kumbhakoni states that in the first instance, the judicial members will be appointed and the proposals in that behalf are awaited from the Administrative side of this court. 2. Considering, that sufficient time was granted and the Government on its own had assured this court that the tribunal will be re-established as expeditiously as possible, in my view, insofar as appointment of members and staff is concerned, the Government to take all measures as are necessary under the Rules and make appointments within a period of six weeks from today. Insofar as, the additional area at the principal seat is concerned, the Government is granted time till 30.9.2008 and within this period the Government should make the additional area available to the Tribunal in terms of the Affidavit filed today. 3. Mr.Kumbhakoni, states that he has instructions to assure the Court that these :5: :5: :5: time limits will be adhered to and the Tribunal which has already been made functional albeit partly, would be fully functional within the time stipulated above. An endeavour would be made to make the appointments, so that, even the Benches are functional. Presently, he states that the he has instructions from the President to make a statement before the court that the President would pass such orders as are necessary in the interest of justice in all matters whether arising from Nagpur, Aurangabad or Mumbai. However, permanent arrangement for taking up matters for interim relief and hearing would be made as expeditiously as possible and within the time stipulated above. 4. In the light of the further Affidavit and the assurance given to this court, it is not necessary to keep the matters pending. Therefore, it is directed that in each of these Writ Petitions, the ad-interim orders shall continue for a period of 6 weeks with liberty to the petitioners to move the Tribunal for :6: :6: :6: further interim reliefs as are necessary in the interest of justice. It is clarified that the orders have been passed essentially because there was no arrangement for hearing of these matters or even for any interim relief therein. The Commissioner ceases to have any jurisdiction after the decision to re-establish the Tribunal was taken. It is during the interegnum and with a view to protect the petitioners, that this court has passed these ad-interim orders. In the light of the equally alternative and efficacious remedy available to the parties, these Writ petitions are disposed off. However the matters shall appear insofar as compliance of the Statements and Assurances for directions after 4 weeks. Needless therefore to state, that the Tribunal will pass appropriate orders without being influenced by the ad-hoc/ad-interim arrangement made by this court. sd/- ********