Dadabhau Bajirao Gholap v. The Deputy Collector Resettlement Pune And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3280 OF 2023 Dadabhau Bajirao Gholap
...Petitioner
Versus
The Deputy Collector Resettlement & Ors.
...Respondents
WITH WRIT PETITION NO. 4489 OF 2023 Vitthal Khandu Mule & Ors.
...Petitioners
Versus
Gavkamgar Talathi, Sajja Hivre Tarhe Narayangaon & Ors.
...Respondents
WITH WRIT PETITION NO. 5149 OF 2023 Balu Shivram Yenbhar
...Petitioner
Versus
District Rehabilitation Officer & Ors.
...Respondents
WITH WRIT PETITION NO. 1104 OF 2023 Jafar Hasan Patel
...Petitioner
Versus
by SUNNY ANKUSHRAO THOTE Date:
2023.09.04 11:15:47 +0530 SUNNY ANKUSHRAO THOTE Tahsildar, Junnar & Ors.
...Respondents
....
Mr. Nitin P. Deshpande for the Petitioners.
Ms. P. J. Gavhane, AGP for the State.
CORAM :
G. S. KULKARNI, JITENDRA JAIN, J.J.
DATE :
23rd AUGUST, 2023.
P. C.
:
1.
In these four petitions, grievance of the Petitioners is that the entries in the revenue record in respect of the Petitioner's land being subjected to an irrigation project has continued to operate for several years, also the land of the Petitioners has not been acquired for the project for which it is so designated. The contention of the Petitioners is that such revenue entries as made in the revenue records cannot continue for an indefinite period. In these circumstances a prayer is been made that the Respondents be directed to delete the entries so made in the 7/12 extract of the respective lands.
2.
Mr. Deshpande would also submit that similar grievances were made before this Court in Writ Petition No.3301 of 2023 and Writ Petition No. 5557 of 2023 which were decided by us by 23rd August, 2023. It is submitted that it would be in the interest of justice that similar orders are passed.
3.
We have heard learned counsel for the parties. 4.
Considering the averments made in the petition as also the prayers we are of the opinion that there is substance in contentions as urged on behalf of the Petitioners, that the entries cannot
continue indefinitely. The Respondents are required to take an appropriate decision in this regard. In the circumstances, in our opinion the present petitions itself be considered by the Respondents as additional representations of the Petitioners and an appropriate decision on the same be taken by the Respondents within eight weeks from today.
5.
All contentions of the parties are expressly kept open. 6.
Petitions are accordingly disposed of in the above terms. No costs.
[JITENDRA JAIN, J.] [G. S. KULKARNI, J.]