Balu Baliram Shinde v. The District Rehabilitation Offic And ORS

ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION WRIT PETITION NO.3331 OF 2014 Balu Baliram Shinde

...Petitioner

vs.

The District Rehabilitation Officer Solapur and Ors.

...Respondents

Mr.Sarang Aradhye for the Petitioner Mr.V.S.Gokhale, AGP for the State CORAM : A.S.OKA, & V.L.ACHLIYA, JJ.

DATE : SEPTEMBER 30, 2015 P.C.:

The case made out by the petitioner in this petition is that he is a project affected person of the Ujani Dam Project as his land was acquired for Ujani Dam. The petitioner is relying upon the order of allotment dated 11th March 2013 made by the Additional Collector cum Deputy Director for Rehabilitation (Land), Solapur. By the said order of allotment, the petitioner claims that he has been allotted the land which is more particularly described in schedule to the said order of allotment. Exhibit-B is the photo copy of the challan showing the deposit of requisite amount by the petitioner. The petitioner is relying upon the possession receipts. The grievance in this petition is that though the petitioner has been placed in possession of the land allotted to him, the effect has not been given to the said allotment in the

revenue records by mutating the name of the petitioner in 7/12 extract.

By order dated 21st August 2015, time was granted to the State Government to file a reply by way of last chance. However, no reply has been filed.

If the case made out by the petitioner regarding the allotment of land to him and the delivery of possession is correct, necessary steps will have to be taken to mutate the name of the petitioner in revenue records.

Hence, we dispose of the petition by passing the following order:

(I) We direct the petitioner to appear before the third respondent (the Collector, Solapur) on Monday 19th October 2015 at 11.00 a.m. The petitioner shall produce an authenticated copy of this order on that date before the Collector;

(II) The petitioner shall produce originals of the documents annexed as Exh.A to Exh.G to this petition before the District Collector or before the Officer nominated by the District Collector;

(III) The District Collector or any other Officer nominated by him not below the rank of Assistant Collector shall verify whether the petitioner is the allotee of the land in

question and whether he has been put in possession;

(IV) If it is found that the petitioner has been allotted a land by virtue of the order dated 11th March 2013 and he has been placed in possession of the said land, necessary directions shall be issued for immediately mutating the name of the petitioner in revenue records as the allotee;

(V) Appropriate order shall be passed by the District Collector or his nominee as expeditiously as possible and in any event within a period of two months from 19th October 2015;

(VI) Writ Petition is disposed of on above terms;

(VII) All concerned to act upon an authenticated copy of this order.

(V.L.ACHLIYA,J.) (A.S.OKA,J.)

CERTIFICATE Certified to be true and correct copy of original signed Judgment/Order.