Vitthal Mahadeo Shinde v. The State Of Maharashtra And ORS.

VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 2609 OF 2017 Vitthal Mahadeo Shinde ...

Petitioner Vs.

The State of Maharashtra & Ors.

...

Respondents *** Mr. Ajay A. Joshi, for the Petitioner.

Mr. S. B. Kalel, AGP for Respondent Nos. 1 to 5. *** CORAM : ANOOP V. MOHTA, & MANISH PITALE, JJ.

DATE : NOVEMBER 27, 2017 FINAL ORDER :

1.

On hearing the learned counsel appearing for the respective parties, we are inclined to dispose of present writ petition, in view of order passed by this Court in the case of Madhukar s/o Haribhau Girme, Petitioner Vs. The State of Maharashtra & Ors., Respondents1 where this Court in similarly placed facts and circumstances passed the following order:

Writ Petition No. 8438 of 2014, order dated 21.3.2016. 1 / 3

"1.

By this petition, which is filed under Article 226 of the Constitution of India, Petitioner is seeking following reliefs:

"(a) that this Hon'ble Court be pleased to pass appropriate writ, order and direction directing the respondents to issue lead form to the petitioner under the notification dated 04/05/2012 and as per application dated 1st of July, 2014 and decide the said lead form to be submitted by the petitioner within time bound programme on such terms and conditions as this Hon'ble Court may deem fit and proper.

(b) ...

2.

In our view, petition can be conveniently disposed of by directing the respondents to issue lead form to the petitioner, and after the application in the prescribed format is made by the Petitioner, the same may be decided on merits and in accordance with law, preferably within a period of four weeks, unless it is already decided. Writ petition is accordingly disposed of in the aforesaid terms." 2.

The learned counsel appearing for the Petitioner submitted that similar order may be passed in the present case. Considering the facts and circumstances and the issue so involved in 2 / 3

the case, we are inclined to dispose this petition as under: In our view, petition can be conveniently disposed of by directing the respondents to issue lead form to the petitioner, and after the application in the prescribed format is made by the Petitioner, the same may be decided on merits and in accordance with law, preferably within a period of eight weeks, unless it is already decided. Respondents are further directed to amend / rectify the partition chart by showing the name of Petitioner as a legal representative of original owner. Writ petition is accordingly disposed of in terms of prayer clauses (a) and (b). No costs.

Sd/- Sd/- [MANISH PITALE, J.] [ANOOP V. MOHTA, J.] Vinayak Halemath 3 / 3