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Bombay High CourtPIL/51/2018dismissed

Dilip Bhimrao Shinde v. The State Of Maharashtra And ORS.

2019-06-26Hon'Ble The Chief Justice,Hon'Ble Shri Justice Nitin Jamdar2 pages

5. PIL 51.18.doc JPP

IN THE HIGH COURT OF JUDICATURE ATBOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 51 OF 2018 Dilip Bhimrao Shinde ... Petitioner.

V/s.

The State of Maharashtra and Ors.

... Respondents.

Mr. Tejas Pawar a/w. Ms. Preeti Walimbe I/b. Mr. Bhushan Walimbe for the Petitioner.

Mr. M.M. Pabale, AGP for Respondents 1 to 4 and 8. Mr. Pratap Patil for Respondents 9 to 31.

CORAM : PRADEEP NANDRAJOG,C.J. & N.M. JAMDAR, J.

DATE : 26 JUNE 2019.

P.C. :- The Writ Petition does not made any reference to any Section of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947. The grievance is to a tenure holder selling agricultural land to 22 persons resulting in fragmentation of the holding.

5. PIL 51.18.doc 2.

No provision has been referred to in the Petition which prohibits complete transfer of interest in a holding by a tenure holder to different persons.

2.

Since a Public Interest Litigation has been filed on the issue, we have advised learned Counsel for the Petitioner to do a proper research.

3.

The Petition is dismissed granting liberty to file a proper petition on doing proper research.

N.M. JAMDAR, J.

CHIEF JUSTICE