1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR. Writ Petition No. 1044 of 2008 (Shailesh Coop.Hosg. Society Ltd. Vs. The Commissioner, Nagpur & ors.) Appeal District : Application No. of 200 Writ petition - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's Orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. P.C. Madkholkar, Adv. for the petitioner. Mrs. S.S. Wandile, A.G.P. for R-1 to 4. Mr. D.T. Shinde & Mr. Pardhy, Adv. for R- 5 to 11. CORAM : Smt. Vasanti A. Naik, J. DATE : 19 th November, 2008 By this petition, the petitioner impugns the order passed by the Additional Collector, Nagpur, on 24th of July, 2007, cancelling the mutation entry no. 348 pertaining to 0.91 Hectare of land in Kh. No. 8/1 and directing the Tahsildar, Nagpur to decide the pending matter on merits as per order dated 3/4/2006 passed by this Court in Criminal Writ Petition No. 397/2004. The petitioner also impugns the order passed by the Additional Commissioner, Nagpur, rejecting the appeal filed by the petitioner against the order passed by the Additional Collector, Nagpur, on 24th of July, 2007. 2 I have heard the learned counsel for the parties at length. To test the correctness of the order passed by the Additional Collector, Nagpur, on 24th of July, 2007, it is necessary to peruse a number of documents and consider several complicated facts. The facts involved in the matter are not only complicated, but they are strongly disputed by the parties. This Court would even otherwise not be justified in considering the issues of facts involved in the matter as the application filed by the petitioner before the Tahsildar for correction of the entry made in favour of some of the respondents, is still pending and by the impugned order dated 24th of July, 2007, the Additional Collector, Nagpur, has asked the Tahsildar, Nagpur to decide the pending matter on merits in accordance with law and the order passed in Criminal Writ Petition No. 397/2004. The impugned order is passed by the Additional Collector, Nagpur, on 24th of July, 2007 and the petition is filed on 21/2/2008. The petition is pending before this Court for nearly eight months, without any interim order staying the orders passed by the Additional 3 Collector, Nagpur, and the Additional Commissioner, Nagpur. In such circumstances, it would not be in the interest of either of the parties to keep this petition pending any more and it would be necessary in the interest of justice to dispose of the same with a direction to the Tahsildar, Nagpur, to decide the application filed by the petitioner, on its own merits and in accordance with law, after holding due enquiry in the same. Though this Court had not stayed the effect and operation of the orders passed by the Additional Collector, Nagpur and the Additional Commissioner, Nagpur, this Court had restrained the respondent nos. 5 to 10, by the order dated 12/8/2008, from entering into any agreement or creating any third party interest in respect of the land Kh.No. 8/1, Patwari Halka No. 34-A, Taluka and District Nagpur, during the pendency of the writ petition. It is necessary to continue this interim order till the matter is decided by the Tahsildar on merits. Hence, for the reasons aforesaid, the writ petition is disposed of with a direction to 4 the Tahsildar, Nagpur, to decide the application filed by the petitioner, as early as possible and positively within a period of six months from today. No order as to costs. Parties undertake to appear before the Tahsildar, Nagpur, on 25th of November, 2008, so that issuance of individual notices could be dispensed with. Since this Court has not touched the merits of the matter, all the points raised in this petition are kept open. It is needless to mention that the Tahsildar, Nagpur, should not be influenced by the observations made by the S.D.O., Nagpur, in the report submitted before this Court in Criminal Writ Petition No. 397/2004, and the observations made by the Additional Collector, Nagpur, in the impugned order dated 24th of July, 2007. Interim order passed by this Court on 12/8/2008 shall continue till the decision of the Tahsildar on the application filed by the petitioner. JUDGE RMP