1 W.P. 8205.2011 - [ J ] IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8205 OF 2011 1. Limbraj S/o Ram Balkunde Age : 35 Yrs., Occ. Agriculture, R/o :Usturi, Tq. Nilanga, Dist. : Latur. 2. Vithoba S/o Mallapa Balkunde Age : 90 Yrs., Occ. Agriculture, R/o :Usturi, Tq. Nilanga, Dist. : Latur. .... PETITIONERS V E R S U S 1. Sumanbai W/o Shivaji Mehatre Age : 42 Yrs., Occ. Household, R/o : Hosur, Tq. Nilanga, Dist. : Latur. 2. Janabai D/o Shivaji Mehatre Age : 19 Yrs., Occ. Household, R/o : Hosur, Tq. Nilanga, Dist. : Latur. 3. Meena D/o Shivaji Mehatre Age : 22 Yrs., Occ. Household, R/o : Hosur, Tq. Nilanga, Dist. : Latur. 4. Madhav S/o Shivaji Mehatre Age : 26 Yrs., Occ. Household, 2 W.P. 8205.2011 - [ J ] R/o : Hosur, Tq. Nilanga, Dist. : Latur. 5. Laxman S/o Shivaji Mehatre Age : 20 Yrs., Occ. Agriculture, R/o : Hosur, Tq. Nilanga, Dist. : Latur. 6. Sambha S/o Mallappa Balkunde Died – Through his L.Rs. : 6-A. Raosaheb S/o Sambhaji Balkunde Age : 50 Yrs., Occ. Agriculture. 6-B. Shrimant S/o Sambhaji Balkunde Age : 45 Yrs., Occ. Agriculture. 6-C. Rajendra S/o Sambhaji Balkunde Died – Through his L.Rs. : 6-C-1.Sunita W/o Rajendra Balkunde Age : 30 Yrs., Occ. Household. 6-C-1.Sunita W/o Rajendra Balkunde Age : 30 Yrs., Occ. Household. 6-C-2.Datta S/o Rajendra Balkunde Age : 12 Yrs., Minor. 6-C-3.Kishor S/o Rajendra Balkunde Age : 10 Yrs., Minor. Both Minors are U/g of their natural mother Resp. No. 6-C-1. All R/o : Usturi, Tq. Nilanga, Dist. Latur. 7. Vishwanath S/o Mallappa Balkunde Age : 62 Yrs., Occ. Agriculture, R/o : Usturi, Tq. Nilanga, 3 W.P. 8205.2011 - [ J ] Dist. Latur. 8. Sagarbai Kundalik Balkunde Age : 62 Yrs., Occ. Household, R/o : Usturi, Tq. Nilanga, Dist. Latur. 9. Dhondiba S/o Kundalik Balkunde Age : 42 Yrs., Occ. Agriculture, R/o : Usturi, Tq. Nilanga, Dist. Latur. 10. Kerba S/o Kundalik Balkunde Age : 37 Yrs., Occ. Agriculture, R/o : Usturi, Tq. Nilanga, Dist. Latur. 11. Sukumar Mahadu Mehatre Age : 42 Yrs., Occ. Agriculture, R/o : Kotmal, Tq. Kalyan. 12. Rama S/o Mallappa Died – through his L.Rs. : 12/1. Smt. Siddamma W/o Rama Balkunde Age : 55 Yrs., Occ. Household. 12/2. Sanjay S/o Rama Balkunde Age : 40 Yrs., Occ. Agriculture. 12/3. Dhanraj S/o Rama Balkunde Age : 37 Yrs., Occ. Agriculture. 12/4. Balbhim S/o Rama Balkunde Age : 34 Yrs., Occ. Agriculture. 12/5. Sow. Minakshi W/o Prabhu Dongare (Daughter) Age : 34 Yrs., Occ. Household. Res. 12/1 to 12/5 all 4 W.P. 8205.2011 - [ J ] R/o : Usturi, Tq. Nilanga, Dist. Latur. 13. Manjula D/o Mallappa Balkunde Died – no legal heir. 14. Kadyabai W/o Mallappa Kolsure Age : 82 Yrs., Occ. Household, R/o : Ellal, Tq. Baswakalyan Dist. Bidar (Karnaataka) 15. The Tahsildar Nilanga, Tq. Nilanga, Dist. : Latur. 16. The Niab Tahsildar Nilanga, Tq. Nilanga, Dist. : Latur. 17. The Taluka Inspector Land Records, Nilanga, Tq. Nilanga, Dist. : Latur. 18. The Additional Divisional Commissioner Aurangabad Division, Aurangabad. ..... RESPONDENTS Mr. Hanmant V.Patil, Advocate for the petitioners. Mr. S.B.Pulkundwar, Asstt. Govt. Pleader for State. Mr. A.S.Bayas, Advocate for Resp. Nos. 1 to 5. CORAM : S.V.GANGAPURWALA, J. DATE OF JUDGMENT : 09/12/2011 5 W.P. 8205.2011 - [ J ] ORAL JUDGMENT : 1. Rule. Rule returnable forthwith. With the consent of the learned counsel for the respective parties, taken up for final hearing. 2. Mr. A.S.Bayas, the learned counsel appears for respondent nos. 1 to 5, who were the original plaintiffs in the Suit. Mr. Patil, the learned counsel for the petitioners undertakes to intimate respondent nos. 6 to 14 about this order. The learned counsel further submits that these respondents are supporting the petitioners and are not the contesting parties. The learned Assistant Govt. Pleader appears for respondent nos. 15 to 18. 3. The present petitioners had preferred Appeal before the Additional Divisional Commissioner, Aurangabad. The Suit filed by respondent nos. 1 to 5 came to be decreed. The decree for partition was sent to the revenue authorities purportedly U/s 54 of the Code of Civil Procedure. The allocation of the land was carved out. The petitioners being aggrieved, filed Appeal before the Additional Divisional Commissioner. Initially, the Additional Divisional Commissioner granted status-quo. Thereafter, it was vacated on 27/09/2011. The petitioners have assailed the said order in the 6 W.P. 8205.2011 - [ J ] present Writ Petition. 4. Mr. Bayas, the learned counsel for respondent nos. 1 to 5 strenuously contends that the petitioners had not challenged any order passed by the authority. The order dated 05/04/2011, which was the subject matter of Appeal before the Additional Divisional Commissioner, is not the order and it is merely the communication. The Additional Divisional Commissioner after having satisfied himself that no effective order has been challenged before it, was justified in not continuing the order of status – quo. According to the learned counsel, the Tahsildar/Naib Tahsildar had validly allocated the land and no fault can be found in it. 5. With the assistance of the learned counsel, I have gone through the impugned order. 6. From the perusal of the order, it is manifest that the said order does not state any reasons for non continuation of the order of status-quo. The order only states that after hearing the case, status- quo is not continued as the case is fixed for final hearing on 15/11/2011. No reasons are given in the said order. The reasons are the life line of any quasi judicial order. It depicts the application of 7 W.P. 8205.2011 - [ J ] mind of the authority passing the order. 7. The order impugned can not be sustained. 8. In the result, I pass the following order. The impugned order is quashed and set aside. The order of status-quo which is granted earlier by the Additional Divisional Commissioner, Aurangabad is continued till the hearing of the Appeal. The Additional Divisional Commissioner, Aurangabad shall decide the Appeal as expeditiously as possible. It is reported that the date now fixed is in March, 2012, though in the impugned order, it is mentioned that the case is fixed for hearing on 15/11/2011. The parties shall appear before the Additional Divisional Commissioner, Aurangabad in ROR Appeal No. 149 of 2011 on 27/12/2011 and the Additional Divisional Commissioner, Aurangabad shall thereafter decide the said Appeal on its own merits within the period of two ( 2 ) months. 9. Rule accordingly made absolute in above terms. No costs. 8 W.P. 8205.2011 - [ J ] 10. It is made clear that I have not dealt with the matter on merits. [ S.V. GANGAPURWALA,J. ] KNP/W.P. 8205.2011 - [ J ]