Mahadev Dhyanoba Bhujbal Poa P.S. Raskar And ORS v. State Of Maharashtra Through Chief Secretary And ORS
1 26-WP-4972-21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4972 OF 2021 Swapnil Sunil Satkar & Ors.
...Petitioners
Vs.
State of Maharashtra through Chief Secretary and Ors.
...Respondents
WITH WRIT PETITION NO.4996 OF 2021 Mahadev Dhyanoba Bhujbal POA P.S. Raskar & Ors.
...Petitioners
Vs.
State of Maharashtra through Chief Secretary and Ors.
...Respondents
WITH WRIT PETITION NO.5793 OF 2021 Vitthal Shripati Thorat
...Petitioner
Vs.
State of Maharashtra and Ors.
...Respondents
WITH WRIT PETITION NO.3190 OF 2020 by RAJESHWARI SUBODH KARVE Date:
2022.11.15 17:51:22 +0530 RAJESHWARI SUBODH KARVE Kisan Namdev Bhuse & Ors.
...Petitioners
Vs.
State of Maharashtra through Chief Secretary and Ors.
...Respondents
2 26-WP-4972-21.doc WITH WRIT PETITION NO.5794 OF 2021 Subhash Bhikaji Ghenand & Ors.
...Petitioners
Vs.
State of Maharashtra through Chief Secretary and Ors.
...Respondents
WITH WRIT PETITION NO.110 OF 2021 Ramchandra Dadaji Thorat
...Petitioner
Vs.
State of Maharashtra and Ors.
...Respondents
------- Mr. Gaurav Potnis i/b Ms. Pallavi Potnis for the Petitioners. Smt. M. S. Bane, AGP for the Respondent-State a/w. Mr. V. S. Gokhale 'B' Panel counsel for the Respondent-State.
-------
CORAM
:
NITIN JAMDAR & SHARMILA U. DESHMUKH, JJ.
DATED :
3 OCTOBER 2022.
P. C. :
By these petitions the Petitioners have sought a writ of mandamus to direct the Respondent to delete the entries of reservation for project affected persons from other rights column of the 7/12 extract for 1H. 13 Acre from Gat No.15/1 situated in village
3 26-WP-4972-21.doc Satkarsthai, Taluka Khed Dist:Pune.
2.
According to the Petitioners the reservation has lapsed, however entry is continued causing great prejudice to the Petitioners in respect of dealing with the property. Reply affidavit is filed on behalf of Respondent Nos.1 and 3 by Vijaysingh Shankarrao Deshmukh, Additional Collector Pune, Dist. Pune wherein it is stated that Review Committee is constituted and as per Government Resolution dated 5 August 2019 procedure has been laid down to delete revenue entries from other rights column and it would be the Committee who would take necessary action.
3.
The learned counsel for the Petitioners has drawn our attention to the various orders that have been passed by the Division Bench of this Court whereby the Respondents are directed to delete the entries within time bound period in each of the Petitions. The learned counsel for the Petitioners states that Review Committee constituted does not specify any time limit and therefore what is necessary is that this Court should issue necessary directions. 4.
We have perused various orders passed directing deletion of the entries from revenue records. However, these directions have been issued when there was no machinery established by the State Government and generally writ Court would not issue writs for
4 26-WP-4972-21.doc changing revenue records. The Government Resolution dated 5 August 2019 refers to orders passed by this Court and also directions to set up a mechanism, thereafter review committee has been established where a procedure has been laid down. Even if it is correct, as contended by the learned counsel for the Petitioners that there is no particular time limit, the review committee has to take final action, we cannot be unmindful of the fact that machinery is set up by the State Government to look into the grievance such as the present one. We also note that the review committee has to hold monthly meeting as provided in the Government Resolution.
5.
Accordingly, we dispose of these Writ Petitions directing that the Petitions be placed before the Review committee in the meeting in the month of October/November 2022. Thereupon, the review committee will take necessary decision within a period of 8 weeks and inform the concerned Petitioners.
6.
The Writ Petitions are accordingly disposed of. 7.
Office of the Government Pleader to forward a copy of each of these petitions to the Review Committee as representations of the respective Petitioners.
(SHARMILA U. DESHMUKH, J.) ( NITIN JAMDAR, J.)