Jivan Ashok Pagare And ORS v. District Deputy Director Of Land Record, Nashik And ORS

WP-6977-14.doc 11.06.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6977 OF 2014 Jivan Ashok Pagare and others .. Petitioners

Versus

District Deputy Director of Land Record District Nashik and others .. Respondents Mr. S. V. Walve, for the Petitioners.

Ms. M. S. Bane, "B" Panel Counsel for the Respondent Nos.1 & 4. CORAM : R.M. SAVANT, J.

DATE : 11th JUNE, 2015 P.C.

1.

The Writ Jurisdiction of this Court is invoked against the order dated 29.04.2014 passed by the Secretary and Officer on Special Duty (Appeals), by which order the application filed by the Petitioners for modification of the consolidation scheme came to be rejected and the order dated 16.04.2013 passed by the Deputy Director of Land Records, Nashik came to be confirmed. The reasons for the rejection of the application find a place in the penultimate paragraph of the impugned order. It has been recorded by the Secretary and Officer on Special Duty (Appeals) that the grandfather of the Applicant i.e. Petitioner herein had consented to the proposed Guts being formed whilst implementing the BGP.

WP-6977-14.doc 11.06.2015 consolidation scheme and that after the publication of the Gut scheme inviting objections and suggestions no objection was taken by the grandfather of the Petitioner who was concerned with the land in question at the relevant time. The authority has also relied upon the judgment of this Court in Shri. Gunda Tuka Shinde Vs. Shri. Pandharinath Ramrao Shinde and another, wherein this Court has held that such objection cannot be taken after the period under section 19(1) has expired. There are concurrent orders passed against the Petitioner by the authorities below. No case for interference in the Writ Jurisdiction of this Court is therefore made out. The Writ Petition is accordingly dismissed. [R.M. SAVANT, J] BGP.