1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR W.P.NO.113 of 2003 and C.A.W.no.2336/2010 Dilip Uttam Thakre ..vs.. Motiram Tukaram Kale and others. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mrs.Patil. Adv. for the petitioner. Mr.Sudhir Malode Adv. for resp.no.3. CORAM : B.P. DHARMADHIKARI, J. DATED : SEPTEMBER 3, 2010. Respondent nos.3A to 3D and 4 to 6 have moved this application for grant of early hearing by a fixed date. The learned counsel for the petitioner is seeking time. However, Advocate Molode, learned counsel for the respondents, has pointed out that respondent no.11 – Divisional Commissioner, Amravati Division, Amravati has refused to condone delay in revision filed under Section 111 of the Bombay Tenancy and Agricultural Land (Vidarbha Region) Act, 1958 and that order has been challenged in the present writ petition. According to him, this court may condone the delay and direct revision to be disposed of in time bound manner to avoid further complications. Learned AGP appearing for respondent no.11 – Commissioner points out that he has no instructions on merits but then revision will have to be transferred to Maharashtra Revenue Tribunal at Nagpur. In view of this situation, it is apparent that no prejudice 2 is caused to the present petitioners, who challenged the order of S.D.O. dated 31/6/2002 in revision before the Divisional Commissioner as at the relevant time Maharashtra Revenue Tribunal was not functioning. Hence, order refusing to condone delay passed on 19th October, 2002 by respondent no.11 are quashed and set aside. Delay in filing revision stands condoned and revision is directed to be transferred to Maharashtra Revenue Tribunal for further consideration thereof on merits by Maharashtra Revenue Tribunal. Respondent no.11 shall accordingly transfer the proceedings to Maharashtra Revenue Tribunal by 30th September, 2010. Respondent nos.3A to 3D and 4 to 6 are permitted to point out this order to respondent no.11 to seek early transfer of revision to Maharashtra Revenue Tribunal. Parties are directed to appear before Maharashtra Revenue Tribunal on 11th October, 2010 and to abide by its further directions in the matter. The learned Revenue Tribunal to decide the revision on merits as early as possible and in any case by 17/1/2011. Needless to mention that the interim order operating in the petition shall continue to operate till then. Rule is made absolute according. No order as to costs. JUDGE Chute