Full Judgment Text
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.5938 OF 2002
Padmakar Krishnarao Bhagwatkar
and Ors. ..Apellants
VERSUS
State of Maharashtra
and Anr. ..Respondents
O R D E R
1.
This appeal has been filed against the judgment and order
th
dated 30 of July,2001 passed in Writ Petition No.1228 of 2001
by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur
by which Section 67 of the Maharashtra Land Revenue Code, 1966
was challenged. The said writ petition was dismissed by the High
Court in limine. At the time of hearing of this appeal, it was
informed by the learned counsel for the appellants that a large
number of writ petitions have been filed by the different writ
petitioners challenging the same levy in respect of the Nagpur
town imposed by the Municipal Corporation of Nagpur. Since the
writ petition was dismissed by the High Court in limine in
respect of which this appeal has now been preferred and on the
same issue other writ petitions have been fixed for final
disposal by the High Court in the month of June, 2008, we feel
it fit and proper to direct that the writ petition should also
be heard along with the other writ petitions which, we are
informed, are fixed for hearing, as noted herein earlier.
2. Accordingly, the impugned order is set aside and the writ
petition of the appellant is restored to its original file and
is to be decided in the manner already indicated above.
3. We make it clear that we have not gone into the merits of
the writ petition which was dismissed by the High Court,
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accordingly, the same shall be decided by the High Court in
accordance with law along with other writ petitions now lying
for disposal before the High Court.
4. The appeal is, therefore, allowed to the extent indicated
above. There will be no order as to costs.
………………………………J.
[TARUN CHATTERJEE ]
New Delhi; …………………………………J.
May 01, 2008. [HARJIT SINGH BEDI]