Shri. Gangaram Kisan Kadlag v. The Collector, Pune And ORS

kvm 1/2 7-WP4700.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4700 OF 2016 Gangaram Kisan Kadlag ..... Petitioner

VERSUS

The Collector, Pune & Ors.

..... Respondents Mr.Yeshwant Lengare, a/w. Mr.Manoj Patil, i/b. Ms.Suman Y. Lengare for the Petitioner.

Mr.S.H.Kankal, A.G.P. For the State - Respondent nos. 1 to 6. CORAM :

R.D. DHANUKA, J.

DATE :

19th JUNE, 2018 P.C.

It is not in dispute that the impugned order dated 3rd September,2015 is passed by the Deputy Collector (Resettlement) Pune though no such authority is vested in him to pass such order. Such order could have been passed only by the learned Additional Collector. The impugned order passed by the Deputy Collector is thus without authority and is accordingly set aside. The proceedings are restored before the Additional Collector (Resettlement), Pune. 2.

The learned Additional Collector shall decide the issue of allotment of land expeditiously and not later than four months from the date of the hearing.

3.

The petitioner is directed to appear before the learned Additional Collector (Resettlement), Pune on 28th June, 2018 at 02.00 p.m.

kvm 2/2 7-WP4700.16 4.

It is made clear that this court has not expressed any views on the merits of the matter. All contentions of both the parties are kept open.

5.

Writ petition is disposed of in the aforesaid terms. No order as to costs.

[R.D. DHANUKA, J.]