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2017 DAILYLAW 3210 (BOM)

SMT. VITHABAI GANPAT YENDARKAR AND ORS. v. STATE OF MAHARASHTRA THROUGH ITS CHIEF SECRETARY AND ORS.

WP/3358/2017 · 2026-08-31

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Judgment text

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36-WP-3358-17+.doc Sayali IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3358 OF 2017 Vithabai Ganpat Yendarkar and Others … Petitioners V/s. State of Maharashtra Thr. Its Chief Secretary and Others … Respondents Mr. Amogh Singh i/b Jeet Gandhi, for Petitioners. Ms. Mamta S. Srivastava, for Respondent no. 1. Mr. Mahendra M. Agavekar, for Respondent nos. 2 to 7. CORAM : AMIT BORKAR, J. DATED : AUGUST 31, 2026 P.C.: 1. By the impugned order, Maharashtra Revenue Tribunal remanded proceedings back to the ALT. The proceedings arise out of the exercise of power under Section 32G read with Section 32M. 2. MRT appears to have remanded the matter back to the first authority merely on the ground that notice of the proceedings was not properly served upon the owner. If this be so, in my opinion, no interference is required in the impugned order. 3. Hence, the petition is dismissed. 1 SAYALI DEEPAK UPASANI Digitally signed by SAYALI DEEPAK UPASANI Date: 2026.08.31 14:52:30 +0530 36-WP-3358-17+.doc 4. However, the parties shall appear before the appellate authority on 21st September, 2026 at 11.00 a.m. 5. All rights and contentions of the parties on merits are kept open to be agitated. 6. The Interim Application is also disposed of. 7. Parties to act on an authenticated copy of this order. (AMIT BORKAR, J.) 2