Shri. Soma Sakru Sheed v. State Of Maharashtra Through Secretary And ORS

suresh P6-WP-4639.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4639 OF 2015 Soma Sakru Sheed .... Petitioner Vs.

State of Maharashtra & Ors.

.... Respondents Mr. Amey Deshpande i/b Mr. Jayendra D. Khairnar for the Petitioner.

Mr. V.S. Gokhale, AGP, for Respondent Nos.1 to 4. CORAM: A.S. OKA & REVATI MOHITE DERE, JJ.

DATED: AUGUST 03, 2015 P.C:

Not on board. Taken on board.

2.

Heard the learned counsel appearing for the petitioner. The learned AGP seeks time on behalf of the first to fourth respondents on the ground that the concerned AGP is not present.

3.

The challenge in this petition is limited. The grievance of the petitioner is that notwithstanding the pendency of the proposal dated 20-4-2013 forwarded by the Divisional Commissioner, Nashik Division, Nashik to the Forest and

suresh P6-WP-4639.2015 Revenue Department of the State Government, no decision has been taken on the issue of grant of prior approval under clause (b) of sub-section (1) of Section 36A of the Maharashtra Land Revenue Code, 1966. In view of the limited grievance, we dispose of the petition by passing the following order:

ORDER

(i) If no decision is as yet taken on the proposal dated 20-4-2013 (Exhibit-B to the petition), appropriate decision shall be taken by the State Government within a period of two months from today.

(ii) The decision shall be communicated to the Additional Collector, Nashik. Within a period of one month from the date of communication of the decision to the Additional Collector, Nashik, he shall pass final order on the application made under sub-section (1) of Section 36A of the said Code. (iii) All issues on merits are kept open.

(iv) The petition is disposed of in above terms.

4.

All concerned to act upon the authenticated copy of this order.

(REVATI MOHITE DERE, J.) (A.S. OKA, J.)