1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.1485 of 1996. 1] Mohd. Mubarojoddin s/o. Muniroddin Kazi, age 68 years, Occ. Kazigiri & Khidmat, R/o. Kazi Galli, Nanded, Taluka and District Nanded. Deceased through Legal Heirs : 1] Nusrat Sultana W/o. Syed Asfaq Hussain, Age 34 years, Occ. Household work, r/o. Near Police Parade Ground Wazirabad, Nanded At Post & Tq. & Dist. Nanded. 2] Mohd. Nader Mohioddin s/o. Muniroddin Kazi Age 49 years, Occ. Service R/o. Kazi Galli, Nanded Taluka and District Nanded. Deceased through Legal Heirs :- a] Sharafuddin Quazi s/o. Nadar Mohiuddin, Age 23 years, Occ. Service. b] Akbar Mohiuddin Quazi S/o. Nadar Mohiuddin Age 22 years, Occ. Student. c] Zuber Mohiuddina Quazi So. Nadar Mohiuddin Age 20 years, Occ. Student. d] Shoeb Mohiuddin Quazi s/o. Nadar Mohiuddin Age 18 years, Occ. Student. 2 e] Taherabegum Quazi W/o. Nadar Mohiuddin Age 48 years, Occ. Household workman All r/o. Quazi Galli Near Sarafar Post, Tq. And Dist. Nanded. 3]Siddique Mohioddin s/o. Mohd Muniroddin age 46 years, Occ. Service, r/o. Kazi Galli, Nanded, Tq. & Dist. Nanded. Petitioners Versus 1] Rama s/o. Dashrath Jadhav deceased , LRs., :- 1-a. Mathurabai w/o. Ramrao Jadhav Age 60 years, Occ. Household r/o. Bhagatsing Road, Old Mondha, Nanded taluka and District Nanded. 1-b. Subhash s/o. Ramrao Jadhav Age 35 yars, Occ. Service, r/o. Bhagatsing Road, Old Mondha, Nanded taluka and District Nanded. 1-c. Khandu s/o. Ramrao Jadhav Age 32 years, Occ. Service r/o. Bhagatsing Road, Old Mondha, Nanded taluka and District Nanded. 1-d. Omprakash s/o. Ramrao Jadhav age 28 years, Occ. Business, r/o. Bhagatsing Road, Old Mondha, Nanded taluka and District Nanded. 3 1-e. Kondabai w/o. Raosaheb Shinde, Age 30 years, Occ. Household r/o. Bhagatsing Road, Old Mondha, Nanded taluka and District Nanded. 1-f. Vimalabai w/o. Uttam Kawle Age 32 years, Occ. Housebold r/o. Bhagatsing Road, Old Mondha, Nanded taluka and District Nanded. 1-g. Aruna w/o. Sambhaji Shinde, Age 32 years, Occ. Household r/o. Ambulga, Taluka Ahmedpur, District Latur. 2.Sheshrao s/o. Dashrath Jadhav Age 55 years, Occ. Agriculture, r/o. New Mondha, Nanded Taluka and Distct Nanded. 3.Anusayabai w/o. Dashrath Jadhav Age 80 yeas, occ. Household r/o. Bhagatsing Road, Old Mondha, Nanded taluka and District Nanded. 4.Sardar Tarasing s/o. Pratapsingh Age 50 years, Occ. Busienss R/o. 265, Bhagat Singh Road, Fort, Bombay 400 001. 5.Gopalbhai s/o. Kanjibhai Patel Age 52 years, Occ. Business r/o. New Mondha, Nanded Tq. and Dist. Nanded. 6.Narayanbhai s/o. Kanjibhai Patel age 50 years, Occ. Business r/o. New Mondha, Nanded taluka and district Nanded. 4 7.Kishanbhai s/o. Harjibhai Patel Age 48 years, Occ. And r/o as above. 8.Dhanjibhai s/o. Chimanbhai Patel Age 42 years. Occ. Business, R/o. New Mondha, Nanded, Tq. and Dist. Nanded. 9 Shamjibhai s/o. Ambajibhai Patel age 42 years.Occ. Business r/o. New Mondha, Nanded, Tq. and Dist. Nanded. 10 Devjibhai s/o. Meghjibhai Patel age 38 years, Occ. Business r/o. New Mondha, Nanded, Tq. and dist. Nanded. 11 Meer Mohd. Ali s/o. Amir Ali through General Power of Attorney Naziroddin s/o. Muroddin Kazi Age 50 years, Occ. Service r/o. Nagar Galli, Killa Road,Nanded Tq. and Dist. Nanded. 12 Hamidoddin s/o. Bashiroddin deceased, his LRs. :- 12-a Aminabegum w/o. Hamidoddin age 55 years, Occ. Household r/o. Behind Gudgilla Petrol Pump Hingoli Gate Road, Nanded Tq. and Dist. Nanded. 12-b Raispasha Hamidoddin Age 35 years, Occ. Business r/o. Behind Gudgilla Petrol Pump Hingoli gate road, Nanded Tq. and Dist. Nanded. 5 12-c Ayubuddin s/o. Hamidoddin age 30 years, Occ. Business r/o. Behind Gudgilla Petrol Pump Hingoli gate road, Nanded Tq. and Dist. Nanded. 12-d Nasiroddin s/o. Hamidoddin age 20 years, Occ. Business r/o. Behind Gudgilla Petrol Pump Hingoli gate road, Nanded Tq. and Dist. Nanded. 12-e Khadaroddin s/o. Hamidoddin age 19 years, Occ. Business r/o. Behind Gudgilla Petrol Pump Hingoli gate road, Nanded Tq. and Dist. Nanded. 12-f Sairabanu Faruque age 12 years, minor under guardianship of her mother Aminabegum w/o. Hadidoddin age 55 years, Occ. Household r/o. Behind Gudgilla Petrol Pump Hingoli gate road, Nanded Tq. and Dist. Nanded. 13 The Additional Collector, Nanded. 14 The State of Maharashtra through the Secretary to Government of Maharashtra in Revenue and Forest Department, Mantralaya, Fort, Bombay. Respondents 6 Mr.S.S. Chaudhari, Advocate for the petitoiner. Mr. H.V. Tungar, Advocate holding for Mr. C.R. Deshpande, Advocate for respondent Nos.12A to 12F. Mr. K.G. Patil, AGP for the respondent. CORAM : B.R. GAVAI & S.V. GANGAPURWALA,JJ. DATE : 18TH JUNE, 2010. ORAL JUDGMENT [ PER B.R. GAVAI,J.] :- 1] The present writ petition is filed against the order passed by the State Government dated 13/1/1996, wherein, the appeal preferred by the present petitioners came to be dismissed on the ground of lack of jurisdiction as the jurisdiction at the relevant time was vested with the Maharashtra Revenue Tribunal. 2] This court, while admitting the writ petitioner had given liberty to the petitioners to file fresh appeal before the Maharashtra Revenue Tribunal. Pursuant to the said orders, Shri Natu, learned counsel for the respondent No.1b,c,d, submits, that the appeal filed before the Maharashtra Revenue Tribunal has been partly allowed by the Tribunal vide its judgment and order dated 19/11/2001. 3] In view of the fact that the petitioners have already filed an appeal against the order which is impugned in this petition, the petition does not survive and as such, the same is dismissed. Rule is discharged with no orders as to costs. [S.V. GANGAPURWALA,J.] [B.R. GAVAI,J.] grt/wp