Shri. Ramchandra Ravaji Shinde (Since Deceased Through Lrs.) And ORS. v. The State Of Maharashtra And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

KANCHAN VINOD MAYEKAR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7908 OF 2017 Ramchandra Ravaji Shinde (since deceased through Lrs.) & Ors.

..... Petitioners

VERSUS

The State of Maharashtra & Ors.

..... Respondents KANCHAN VINOD MAYEKAR Date: 2023.01.18 13:23:19 +0530 Mr.Prashant Bhavake for the Petitioners.

Mr.A.P.Vanarase, A.G.P. for the State - Respondent nos. 1 to 4. Ms.Prabha Badadare for the Respondent nos. 5 to 9. CORAM: R. D. DHANUKA AND M.M. SATHAYE, JJ.

DATE : 16TH JANUARY, 2023 P.C:- Rule. Learned A.G.P. waives service for the Respondent nos. 1 to 4. Learned counsel waives service for the Respondent nos. 5 to 9. Rule is made returnable forthwith.

2.

By this petition filed under Article 226 of the Constitution of India, the Petitioners have prayed for quashing and setting aside impugned order dated 20th February, 2016 issued by the Respondent no.4 thereby cancelling the allotment of lands made in favour of the Petitioners and their predecessor, out of Gat No. 2833 situated at Mouje Bhadole, Taluka Hatkanangale, District Kolhapur and for dismissal of the application filed by private Respondent nos. 5 to 9 for cancellation

2/4 of the said allotment.

3.

This matter was on board on 4th January, 2023 when the learned counsel for the Respondent nos. 5 to 9, on instructions stated that in lieu of the plot which was subject matter of the acquisition and also subject matter of letter of allotment issued in favour of the Petitioners and their predecessor, out of said Gat No. 2833, which allotment was subsequently cancelled the said land was re-allotted to the Respondent nos. 5 to 9. She further stated that in lieu of the said land, her clients have already relinquished their rights in favour of the State Government. Her clients have no objection if the said land which was relinquished in favour of the State Government is allotted to the Petitioners.

4.

Learned counsel for the Petitioners made a statement that his clients have no objection if the said land relinquished by the Respondent nos. 5 to 9, is allotted to the Petitioners by the State Government. This Court recorded the statement made by the learned counsel for the Respondent nos.5 to 9. This Court accordingly directed the learned A.G.P. to verify the statements made by the learned counsel

3/4 for the Petitioners and Respondent nos. 5 to 9 and to make a statement as to when the land which was relinquished in favour of the State Government by the Respondent nos. 5 to 9, can be allotted to the Petitioners.

5.

Learned counsel for the Petitioners and the Respondent nos. 5 to 9 reiterates the statement made by them on 4th January, 2023. 6.

Mr.Vanarase, learned A.G.P. for the State, seeks time with the suggestion that both parties would appear before the Respondent no.4, the Additional Collector (Rehabilitation) Kolhapur on 19th January, 2023 when the statements made by the learned counsel for the Petitioners and the Respondent nos. 5 to 9 can be verified and if the Respondent nos. 5 to 9 have relinquished any plot in favour of the State Government in lieu of the plot out of Gat No. 2833, that plot can be allotted to the Petitioners.

7.

The Respondent nos. 5 to 9 are directed to appear before the Respondent no.4 on 19th January, 2023 at 11.00 a.m. when the Respondent no.4 would verify the correctness of the statement made by

4/4 the Petitioners and the Respondent nos. 5 to 9 and if any such land is relinquished in favour of the State Government, the State Government would allot the said plot in favour of the Petitioners within one week from the date of passing of the order. An appropriate order shall be passed by the Respondent no.4 on the date assigned when the parties would appear and shall communicate the order that would be passed to the Petitioners as well as to the Respondent nos. 5 to 9 within three days from the date of passing of such order. If the plot of land is already relinquished by the Respondent nos. 5 to 9 in favour of the State Government, the Respondent no.4 shall allot the said plot to the Petitioners within one week from the date of passing such order. 8.

Writ petition is disposed off. Rule is made absolute. No order as to costs. The parties to act on the authenticated copy of this order. 9.

Place the matter on board for reporting compliance on 2nd February, 2023.

[M. M. SATHAYE, J.] [R. D. DHANUKA, J.]