Sandeep Vinodkumar Gujar And ORS v. The State Of Maharashtra And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

KANCHAN VINOD MAYEKAR KANCHAN VINOD MAYEKAR Date: 2023.01.20 10:52:45 +0530 CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 201 OF 2023 IN WRIT PETITION NO. 5542 OF 2021 Sandeep Vinodkumar Gujar & Ors.

..... Applicants/ Org. Petitioners

VERSUS

State of Maharashtra & Ors.

..... Respondents ALONGWITH INTERIM APPLICATION NO. 529 OF 2023 IN WRIT PETITION (ST) NO. 1483 OF 2022 MuthaSikachi and Associates & Ors.

..... Applicants/ Org.Petitioners

VERSUS

State of Maharashtra & Ors.

..... Respondents ALONGWITH INTERIM APPLICATION NO. 530 OF 2023 IN WRIT PETITION (ST) NO. 1482 OF 2022 Vikas Shashikant Shah (Lengarekar) & Ors.

..... Applicants/ Org.Petitioners

VERSUS

State of Maharashtra & Ors.

..... Respondents Mr.Sushant Prabhune for the Petitioners.

Mr.A.I.Patel, Additional Government Pleader, a/w. Ms.K.N.Solunke, A.G.P. for the State in IA/201/2023 and WPST/1483/2022. Mr.R.S.Pawar, A.G.P. for the State in IA/529/2023 and WP/5543/2021.

2/4 Mr.Arjun Kadam, i/b. Mr.S.R.Nargolkar for the Respondent no.7. CORAM: R. D. DHANUKA AND M.M. SATHAYE, JJ.

DATE : 18TH JANUARY, 2023 P.C:- These three Interim Applications are filed for seeking direction to the Respondent no.8 (Collector, Pune) to immediately comply with the order dated 15th February, 2022 passed in these Writ Petition No. 5543 of 2021, Writ Petition (St) No. 1482 of 2022 and Writ Petition (St) No. 1483 of 2022. It is the case of the Applicants that their applications filed before the learned Collector, Pune for conversion of the subject land of the applicants into Occupancy Class-I upon payment of premium as per law and by properly interpreting the Maharashtra Land Revenue (Conversion of Occupancy Class-I Lands) Rules, 2019 are pending and no orders are passed and therefore, the said writ petitions are filed.

2.

By an order dated 15th February, 2022, the Respondent Collector was directed to decide the said applications. However, the same were not decided.

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Heard learned A.G.P. for the Respondents. She states on written instructions that the applications will be decided within two weeks from today. In that view of the matter, following order is passed :- (a) The Respondent no.3 is directed to decide the Petitioners' pending applications within two weeks from today in accordance with law.

(b) The order that would be passed shall be communicated by the Respondent no.3 to the Petitioners within one week from the date of decision.

(c) It is clarified that this Court has not expressed any opinion on the validity of such applications and the same should be decided on its own merits. (d) In case the orders that would be passed by the Collector are adverse to the Petitioners, the adinterim order which was already granted under the earlier order dated 15th February, 2022 shall continue for a period of four weeks from the date of

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Interim Applications are disposed off. No order as to costs. [M. M. SATHAYE, J.] [R. D. DHANUKA, J.]