Vilas Dewu Gavkar And ORS v. The Tahsildar, Devgad And ORS

pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3122 OF 2016

1. Vilas Dewu Gavkar and ors.

.. Petitioners Vs.

1. The Tahsildar and ors.

.. Respondents WITH CIVIL APPLICATION NO. 1018 OF 2016 IN WRIT PETITION NO. 3122 OF 2016 Shri Narayan Juvatkar .. Applicant In the matter

1. Vilas Dewu Gavkar and ors.

.. Petitioners Vs.

1. The Tahsildar and ors.

.. Respondents Mr. Sachin S. Punde for petitioners.

Ms. R. A. Salunkhe, AGP for State.

Mr. S. A. Sawant for applicant in CAW No. 1018 of 2016. Mr. Parag Vyas a/w Mr. A. R. Varma for respondent no.6 - UOI. CORAM: NARESH H. PATIL & M. S. KARNIK, JJ.

NOVEMBER 17, 2016.

P.C.

1.

The petitioners are aggrieved by certain communications/notices issued by the Sub Divisional Officer, Kankavali in respect of construction/reconstruction carried out by the petitioners in Survey No.1 Hissa No.44/3 of village Bandewadi, Post Girye, Taluka Devgad, District - Sindhudurg.

2.

Learned counsel appearing for the petitioners submits that a detailed representation, addressed to the Collector, Sindhudurg, has been submitted.

3.

Mr. Ashok Gajanan Shelke, Incharge Tahsildar, Deogad, District Sindhudurg has filed affidavit in reply dated 21/6/2016. 4.

Without expressing any opinion, we direct the Collector, Sindhudurg to take appropriate decision after going through the relevant record, representation filed by the petitioners. The petitioners are entitled to file a fresh comprehensive representation in respect of the subject matter of the petition. The Collector shall hear the parties. We direct that a

reasoned order be passed by the Collector in respect of the subject matter within four weeks from the date of receipt of copy of order. The parties to maintain status quo in respect of the subject structure for a period of four weeks.

5.

With the aforesaid directions, petition is disposed of. 6.

Registry to communicate the order to the Collector, Sindhudurg, by fastest mode.

7.

Civil Application No. 1018 of 2016 does not survive and disposed as such.

(M. S. KARNIK, J.) (NARESH H. PATIL,J.)