Shri. Dattatraya Baban Sawant v. State Of Maharashtra And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2431 OF 2021 Shri Dattatraya Baban Sawant

...Petitioner

Versus

State of Maharashtra & Ors.

...Respondents

---------- Mr. Sumit V. Khaire for the Petitioner.

Smt. S.S. Bhende, AGP for the Respondent - State. ---------- CORAM :

K.K. TATED & R.I. CHAGLA, JJ.

DATE :

3 July 2021 ORDER :

1.

Heard learned Counsel for parties.

2.

Rule. Rule is made returnable forthwith. By consent of the parties Petition is taken up for fnal hearing. 3.

By this Petition under Article 226 of the Constitution of India the Petitioner is seeking direction against the Respondents to delete the entry of "reservation for rehabilitation" from the other right column of the 7/12 extract of the land bearing Gat No.552 area admeasuring 0 H 74 R 1/3

situated at village Uralgaon, Tal - Shirur, Dist. Pune. 4.

The learned Counsel for Petitioner submits that the State Government as per Government Resolution dated 5th August, 2019 constituted a committee under the Chairmanship of the Collector to deal with such type of matters. He submits that he has fled application dated 2nd March, 2021 with the Collector, Pune. He submits that the said application is pending for hearing on its own merits. He submits that in the interest of justice this Hon'ble Court be pleased to direct the Collector, Pune to decide the said application as early as possible. 5.

Learned AGP Mrs. Bhende appearing on behalf of the State submits that in view of orders passed by this Court in several matters, this Hon'ble Court be pleased to grant time to the Collector to decide the Petitioner's application at least within 16 weeks.

6.

Considering the submissions made by both the Counsels and as the application is pending with the Collector, Pune, we pass the following order:- 2/3

(i) The Collector, Pune is directed to decide the Petitioner's application dated 2nd March, 2021 for deleting the entry of "reservation for rehabilitation" from the other right column of the 7/12 extract of the land bearing Gat No.552 area admeasuring 0H 74 R situated at village Uralgaon, Tal. Shirur, Dist. Pune as early as possible but in any case within 16 weeks from today.

(ii) If the decision is not taken by the Collector, Pune within 16 weeks, the concerned revenue competent authority is directed to delete the said entry from 7/12 extract of the Petitioner's land immediately. (iii) Parties to act on an authenticated copy of this Order. (iv) Writ Petition stands disposed of in above terms. (v) No order as to costs.

[R.I. CHAGLA J.] [K.K. TATED, J.] 3/3