1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 5313 OF 2010 Kishore Moreshwar Hingnekar and others -: VERSUS :- Maharashtra Revenue Tribunal Commissioner and others. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : OCTOBER 28, 2010. Heard Shri S.V. Purohit with Shri V.R. Sharma, learned Counsel for petitioners and Mrs. Deshpande, learned A.G.P. for respondent nos. 1 to 3. Contention of Shri Purohit, learned Counsel for petitioners is, while advancing arguments before the Maharashtra Revenue Tribunal in Tenancy Revision, arguments were advanced on merits and the objection to passing of consolidated order by the Sub Divisional Officer on merits as also on condonation of delay was given up. He further states that the proceedings are going on since 1961, though statutorily ownership has been conferred upon the petitioners. According to him, in this situation remand is further going to add to the agony of petitioners. 2 Mrs. Deshpande, learned A.G.P. has pointed out that the Maharashtra Revenue Tribunal has found that the challenge before it was to action of Sub Divisional Officer in passing consolidated order and also to the merits of the controversy. I have perused the impugned order. It does not appear that any challenge available to the applicants before the Maharashtra Revenue Tribunal was given up. In this situation, I find that interest of justice can be met with by directing the Sub Divisional Officer to whom Maharashtra Revenue Tribunal has remanded the matter, to decide the appeal before it at the earliest. In the circumstances, respondent no.2 is directed to decide the matter on remand as early as possible and in any case by 31.03.2011. Petitioners to appear before the respondent no.2 on 18.11.2010 and to communicate this order to the said Authority. With this directions writ petition is disposed of, with no order as to costs. JUDGE Rgd.