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Bombay High CourtWP/3664/2020disposed off

Chimaji Balu Jadhav ( Since Deceased Through His Legal Heirs) Shushila Shridhar Kadam v. The Deputy Collector, Rahabilitation Raigad

2020-12-22Hon'Ble Shri Justice A.A. Sayed,Hon'Ble Shri Justice Surendra Pandharinath Tavade2 pages

1 13.1-WP 3664-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3664 OF 2020 Chimaji Balu Jadhav ] (since deceased through his legal heir) ] Sushila Shridhar Kadam.

] ... Petitioner

Versus

The Deputy Collector, Rehabilitation ] Raigad & Ors.

] ... Respondents Mr. Nitin Deshpande a/w Ms. Kanchan C. Phatak for Petitioners. Mr. A. I. Patel, Addl.G.P. a/w Mr. A. A. Purav, AGP for State. CORAM :- A. A. SAYED & S. P. TAVADE, JJ.

DATE :- 22 DECEMBER, 2020 P. C. :- 1.

The Petitioner seeks the following reliefs :

"(a) This Hon'ble Court may, to direct the Additional Collector, Satara, to prepare the report regarding the Petitioner's proposal and send to the Additional Collector, Raigad.

(b) This Hon'ble Court may, by way of appropriate writ order or direction, direct the Additional Collector, Raigad to process the Petitioner's application dated November 23, 2017 and allot land as prayed for, if the Petitioner is entitled to get alternate land as prayed for, within a period of three weeks from the date of Order of this Hon'ble Court." 2.

Learned Counsel for the Petitioner has relied upon the orders passed by this Court in Writ Petition (Stamp) No.92162 of 2020 in Anandi URS 1 of 2

2 13.1-WP 3664-2020.odt Dhondu Sawant Vs. The State of Maharashtra and Ors. It is not disputed that the issue raised in the said Petition is similar to the one raised in the present Petition.

3.

Hence, we dispose of the Writ Petition by directing the Respondents to dispose of the application dated 23/11/2017 of the Petitioner for allotment of alternate land preferably within 4 weeks from the date of receipt of this order. We make it clear that we have not gone into the merits of the matter. All contentions, including that of delay, are kept open.

4.

The Petition stands disposed of accordingly.

(S. P. TAVADE, J.) (A. A. SAYED, J.) URS 2 of 2