WP 7314/10 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 7314 OF 2010 ( Shoeb Khusro s/o. Aziz Khusro & Anr. Vs. Shivnagar Cooperative Housing Society & Ors. ) Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. S.S. Kazi, Advocate for petitioners. Mr. H.F. Pawar, Advocate for respondent No. 1. Mr. V.M. Kagne, Advocate for respondent No. 2. CORAM : B.P. DHARMADHIKARI, J. DATED : 1st March, 2011. PER COURT : 1. Heard finally. It appears that this Court on 14th December 2009 while disposing of Writ Petition No. 8362/2009 remanded matter to respondent No. 3 i.e. Superintendent of Land Records, Aurangabad. This remand order has been communicated to office of Deputy Director, Land Records at Aurangabad belatedly and hence on 13.7.2010 said matter which was transferred to Jalna was recalled for hearing of respondent No. 4. 2. Shri. Kazi for petitioners points out that as petitioners had some grievance against respondent No. 4, on 28.5.2010 they had moved a transfer petition under section 226 of Maharashtra Land Revenue Code and that was granted. To meet this subsequent order of High Court, recall was totally unnecessary. 3. Shri. Pawar for respondent No. 1, Shri. Kagne for respondent No. 2 state that orders on transfer application are passed behind WP 7314/10 2 their back. They however state that they have no objection if the proceedings are heard by any competent authority, but personal allegations made against respondent No. 4 should not be maintained. Advocate Shri. Pawar points out that there are some allegations against respondent No. 1 also, but respondent No. 1 will deal with the same in accordance with law. 4. Learned A.G.P. for respondent Nos. 3 to 6 has no objection, if appropriate orders are passed and personal allegations against respondent No. 4 are expunged. 5. Shri. Kazi for petitioner fairly states that petitioner is not interested in any personal allegations against respondent No. 4 and if matter is allowed to be heard by the authority to which it is transferred i.e. Superintendent of Land Records of Jalna, he has no objection. 6. In view of this position, the orders dated 13.7.2010 passed by respondent No. 2, recalling the matter back from Jalna to Aurangabad are quashed and set aside. The Superintendent of Land Records at Jalna will accordingly hear the matter in terms of the judgment of this Court dated 14th December 2009 in Writ Petition No. 8362 of 2009. 7. In view of no objection given by the parties, allegations made personally against respondent No. 4 i.e. Superintendent of Land Records, Aurangabad are expunged. 8. At the request of parties, proceedings before Superintendent WP 7314/10 3 of Land Records, Jalna are expedited. Parties are directed to appear before that authority on 17th March 2011 and to abide by its further instructions in the matter. Authority shall attempt to decide the controversy as early as possible and in any case within three months thereafter. 9. Rule is made absolute accordingly. [ B.P. DHARMADHIKARI, J. ] ssc/wp7314.10