Dadabhau Ramdas Ransing And ORS v. Gavkamgar Talathi , Sajja Nimgaon Mhalungi Tal Shirur Dist. Pune And ORS

Digitally signed by VIDYA SURESH AMIN Date:

2023.07.10 17:29:52 +0530 VIDYA SURESH AMIN 28.WP8010_2023.DOC Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8010 OF 2023 Dadabhau Ramdas Ransing & Ors.

... Petitioners

Versus

Gavkamgar Talathi, Sajja Nimgaon Mhalungi, & Ors.

...Respondents

Mr. Nitin P. Deshpande for the petitioners.

Mr. Rajan S. Pawar, AGP a/w. Ms. M.S. Bane, AGP for the State. _______________________

CORAM:

G. S. KULKARNI & JITENDRA JAIN, JJ.

DATED:

5 July, 2023 _______________________ P.C.

1.

Heard Mr. Deshpande, learned counsel for the petitioners and Mr. Pawar, learned AGP for the respondents.

2.

The only prayer as made in the present proceedings reads thus: a) This Hon'ble Court may, by way of appropriate writ Order or direction, direct the respondents to forthwith delete the entries of reservation from revenue record of the land Gat No. 36, area admeasuring 3 H 42R, situated at village Nimgaon Mhalungi, Tal. Shirur, Dist. Pune."

3.

Mr. Deshpande has drawn our attention to an order dated 2 March, 2022 passed by a co-ordinate Bench of this Court on a batch of petitions (Writ Petition No. 5185 of 2021- Namdeo M. Waghmore vs. The State of Maharashtra & Ors. and other Petitions). He submits that the grievance of the 5 July, 2023

28.WP8010_2023.DOC petitioners can be redressed if similar orders are passed. Mr. Deshpande has also drawn our attention to another order dated 18 January, 2023 passed by a co-ordinate Bench of this Court in Writ Petition No. 8623 of 2021 in case of Ankush Bapurao Thakur vs. The Deputy Collector Resettlement, Pune & Ors., to submit that in view of the said order passed by this Court, the respondents in the present case also need to delete entries of reservation from the revenue record in respect of the land in question.

4.

Mr. Pawar, learned AGP would also not disagree that similar orders are passed by the Court as noted above.

5.

We, accordingly, dispose of this petition with a direction to the respondents to take appropriate action within a period of ten weeks from today in respect of the prayer of the petitioners for deletion of entries of reservation from the revenue record. All contentions of the parties are expressly kept open. 6.

Disposed of in the above terms. No costs.

(JITENDRA JAIN, J.) (G. S. KULKARNI , J.) 5 July, 2023