1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION WRIT PETITION NO.8554 OF 2010 Shri Hari Krishna Ghutukade ...Petitioner. v. Shri Ananda Babu Morkane and Ors. ...Respondents. Mr.M.A.Patil, adv. For the Petitioner. None for the respondents. CORAM : J.H.Bhatia, J. DATE : 29th October, 2010. P.C.: 1 Heard the learned counsel for the petitioner. Grievance is made against the Taluka Inspector Land Records whereby from time to time T.I.L.R., has been asking to deposit more amount for measurement of the land even though the proper fee was already paid. Notice was specifically issued and served on the Government Pleader with request to personally remain present. However, the Government Pleader is not present. 2 Record reveals that the petitioner, who is the original plaintiff in Regular Civil Suit No.91 of 2001 claimed to be owners of the land gat no.85. According to him there is encroachment by the defendants, who are the owners of the adjoining land. Plaintiff had applied for the measurement of gat no.85. Defendant requested that 2 gat no.86 should also be measured. At the relevant time, plaintiff had deposited Rs.1500/- for the measurement of his land. By the letter dated 7.9.2006, T.I.L.R. pointed out that for measurement of one land, i.e., gat no.85 commission fee would be Rs.4,000/- and for additional gat no.86 commission fee would be Rs.1500/-. T.I.L.R., requested the trial Court to send the original challans about the payment of Rs. 1500+4000 for measurement. After that on 10.10.2006, plaintiff, who had earlier deposited Rs.1,500/- sought permission to deposit further amount of Rs.2500/- and that amount was actually deposited. Thus, the plaintiff had deposited an amount of Rs.4,000/- for the measurement on 10.10.2008. Amount was actually deposited in treasury on 11.10.2006 as per challan. It appears that defendant did not deposit amount of his share. By the order dated 29.12.2009, the trial Court modified the earlier order and directed that only land gat no.85 be measured because in spite of the earlier order, defendant had failed to deposit commission fee. After this, T.I.L.R. addressed a letter dated 4.1.2010 to the learned Civil Judge Junior Division and repeated the earlier statement that the total fee could be Rs.5,500/- and that the original challans with 7/12 extract of gat no.86 be sent. By letter dated 5.7.2010, Taluka Inspector Land Records informed the learned 3 trial Court that the fee for the measurement of the land is Rs.8,000/- and balance amount be deposited and challan be submitted. In view of this letter, the trial Court directed the plaintiff to deposit the balance amount within 8 days. As he could not deposit the money, the trial Court passed the impugned orders dated 21.7.2010 revoking the earlier orders dated 15.10.2005 and 12.7.2010 for measurement of land. Therefore, petitioner has filed this petition. 3 On perusal of the record, it appears that the petitioner had deposited fee of Rs.4,000/- required for the measurement of his land gat no.85 by challans dated 26.10.2005 and 11.10.2006. Thus, amount of Rs.4,000/- required for the measurement of land gat no.85 is lying in the account of T.I.L.R for the last more than 4 years and measurement has not been taken up . When the Court had directed only measurement of land gat no.85 after failure of the defendant to pay commission fee for the measurement of land gat no.86, the T.I.L.R. asked to deposit additional amount of Rs.4,000/- for the measurement of the said land. In fact, the trial Court should have directed T.I.L.R to undertake the measurement of land gat no.85 at the earliest as the commission fee for measurement of gat no.85 was deposited long back. In spite of that the trial Court revoked the order 4 about the measurement of the land. This cannot be justified. 4 For the aforesaid reasons, the impugned order dated 21.7.2010 is hereby set aside. As plaintiff has already deposited an amount of Rs.4,000/- being the commission fee for the measurement of the land gat no.85, T.I.L.R., Atpadi shall measure the land gat no.85 at the earliest and submit the report before the Civil Judge Junior Division Atpadi on or before the end of February, 2011. Any failure on the part of T.I.L.R., shall be treated as dis-obedience of this order. 5 Parties shall act on an authenticated copy of this order. Copy be served on the T.I.L.R., before the end of November, 2010. 6 Petition allowed accordingly. (J.H.BHATIA, J.) 5