Harshal Ramesh Gavit v. The State Of Maharashtra Through Secretary And ORS

wp-792.15.doc pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.792 OF 2015 Harshal Ramesh Gavit Petitioner Vs.

The State of Maharashtra and Ors.

Respondents Mr. Suresh M. Sabrad, for Petitioner.

Mrs. M.P. Thakur, AGP, for Respondents.

CORAM:

A.S.OKA & A.K. MENON, JJ.

DATE:

9th FEBRUARY, 2015 P.C.:

Not on board. Taken on board.

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The learned AGP does not dispute that the matter is pending before the State Government for taking appropriate decision on the proposal of the Petitioner for grant of prior approval under Clause (b) of Sub-Section (1) of Section 36A of the Maharashtra Land Revenue Code, 1966. In view of what is held by this Court in Judgment and Order dated 10th October, 2014 in Writ Petition No.8744 of 2014 and other connected Petitions, appropriate decision will have to be taken by the State Government within a period of three months from today. For the reasons recorded in the said Judgment and Order, we pass the following order :-

wp-792.15.doc

ORDER

(i) The State Government shall take appropriate decision on the proposal of the petitioner pending for grant of prior approval under clause (b) of sub-section (1) of Section 36A of the Maharashtra Land Revenue Code,1966, as expeditiously as possible and in any event, within a period of three months from today;

(ii) The order passed by the State Government on the said proposal shall be forthwith communicated to the District Collector within a period of one week from the date of passing the order;

(iii) After receiving the communication of the orders from the State Government, the District Collector shall pass order on the application in accordance with law preferably within a period of one month from the date on which the order of the State Government are communicated to him; (iv) We dispose of the Petition in terms of the above directions. (A.K. MENON, J.) (A.S.OKA, J.)