Gulamnabi Babumiya Inamdar v. The State Of Maharashtra And ORS

jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2425 OF 2021 Gulamnabi Babumiya Inamdar

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

---------- Mr. Sachin Deokar, for the Petitioner.

Mr. K.S Thorat, AGP for the Respondent - State. ---------- CORAM :

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

DATE :

3 July 2021 ORDER :

1.

Heard the learned Counsel for the parties.

2.

Rule. Rule is made returnable forthwith. Heard finally by consent of the parties.

3.

By this Writ Petition filed under Article 226 of the Constitution of India, the Petitioner is seeking direction to Respondent No.2 for deleting the entry "reserved for the 1/4

project affected persons" from the other rights column of the revenue record in respect of following lands:- Sr.No.

Area admeasuring Gut No.

7 H 46.6 R 1205/1/C 7.19 R 1 H 16 R 64 R All the above gut numbers are situated at village Talegaon Dhamdhere, Taluka Shirur, Dist. Pune 4.

The learned Advocate for the Petitioner submits that neither the Respondents had acquired their property nor paid any compensation. He submits that because of the entries in 7/12 extract about reservation, it is difficult for the Petitioner to deal with the property. Hence, the Petitioner has filed present Writ Petition.

5.

On the other hand, the learned AGP for the State submits that, the State Government by Government Resolution dated 5th August, 2019 constituted committee under the Chairmanship of the Collector to deal with such type of matters. Therefore, the Petitioner can be permitted to make 2/4

appropriate application before the concerned Collector for the same cause of action. Therefore, there is no necessity to entertain the present Writ Petition.

6.

Considering the submissions of learned Counsel for the Petitioner and the Government of Maharashtra has already issued Government Resolution dated 5th August, 2019, constituting a committee under the Chairmanship of the Collector to deal with such type of matters, the Writ Petition can be disposed of with the following directions:- (i) The Petitioner is permitted to file an appropriate application before the concerned committee as per Government Resolution dated 5th August, 2019 for deleting the entries from 7/12 extract in respect of the land as mentioned below:

Sr.No.

Area admeasuring Gut No.

7 H 46.6 R 1205/1/C 7.19 R 1 H 16 R 64 R 3/4

(ii) If such application is filed, the committee is directed to decide the same as early as possible, but in any case within a period of 16 weeks from the date of application. (iii) If decision is not taken by the Committee within 16 weeks from the date of the application, the concerned Revenue Authority is directed to delete the said entries from 7/12 extract of the Petitioner's lands as stated herein above. (iv) The parties to act on an authenticated copy of this order. (v) Writ Petition stands disposed of in the above terms. (vi) Rule is made absolute accordingly.

(vii) No order as to costs.

[R.I. CHAGLA J.] [K.K. TATED, J.] 4/4