Shri. Vitthal Nathu Potinde And ANR. v. Additional Collector, Nashik And ORS.

1 14 WPst 12742-17.doc Sequeira IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION (St.) NO. 12742 OF 2017 Mr.Vithhal Nathu Potinde and another.

... Petitioners.

V/s.

Additional Collector, Nashik and others.

... Respondents.

Mr.Girish Agrawal, for Petitioners.

Mr.V.N.Sagare- AGP, for Respondent-State.

CORAM : DR. MANJULA CHELLUR, C.J. & N.M. JAMDAR, J.

DATE : OCTOBER 11, 2017.

P.C. :- The Petitioner is before this Court with a grievance that the application made under section 36-A seeking permission to dispose of the property Gat No.205 measuring 5 Hectares 77 Ares, belonging to the Petitioner who belongs to scheduled tribe is not considered till date inspite of submitting such application in the year 2015 along with the report being placed before the concerned authority for consideration of the matter. Out of this property, Petitioners propose to sell 1 Hectare 96.18 Ares. Page no.13 consists Exhibit 'B', the report of the concerned authority bringing on record all the necessary

2 14 WPst 12742-17.doc facts to be considered for issuing permission under section 36-A of the Maharashtra Land Revenue Code, 1966. Since the matter is pending for more than two years before the concerned authority, we direct the Principal Secretary Revenue and Forest Department Mantralaya, to consider the application of the Petitioner along with the reports and dispose of the same strictly adhering to the procedure contemplated within three months from today.

N.M. JAMDAR, J.

CHIEF JUSTICE