Smt. Baby Narottam Panera And ORS. v. The State Of Maharashtra Through The Secretary And ORS.

hcs 25.w5532.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5552 OF 2019 Baby Narottam Panera & Ors.

...

Petitioners.

V/s.

The State of Maharashtra & Ors.

...

Respondents.

Mr.S.M. Sabrad with Ms.Neha R. Parte for the Petitioners. Mrs.Madhubala Kajale AGP for the Respondents (State) CORAM : R. M. BORDE AND N. J. JAMADAR, JJ.

DATE :

30TH APRIL, 2019.

P.C.:

1] The application tendered by the petitioners on 12th March, 2012 seeking permission for alienation of land under Section 36A of the Maharashtra Land Revenue Code, 1966 is pending consideration with the State Government and no decision has yet been taken. The application tendered by the petitioners before the Collector shall have to be forwarded to the Higher Authorities, i.e., Divisional Commissioner and the said Authority shall have to forward the same to the State Government alongwith its recommendation/report.

2] It is informed that the petitioners have made necessary compliance on 12th March, 2012 as directed by the Collector. In the circumstances, we dispose of the petition with following directions:

1/2

25.w5532.19.odt (i) The District Collector shall ensure that the petitioners' application is forwarded to the Divisional Commissioner alongwith his report/recommendation as expeditiously as possible and preferably within two weeks from today. The Divisional Commissioner shall examine the report/ recommendation made by the District Collector and shall forward the application alongwith his recommendation/report to the State Government as expeditiously as possible and preferably within two months from the date of receipt of report/recommendation of the Collector. The State Government shall thereafter take appropriate decision on the proposal/application as expeditiously as possible and preferably within two months from the date of receipt of proposal/application alongwith report/recommendation from the Divisional Commissioner.

(ii) With directions as recorded above, Writ Petition is disposed of.

(N. J. JAMADAR, J.) (R. M. BORDE, J.) 2/2