Smt. Kanta Govind Parmar v. The Managing Officer And Sub Divisional Officer

1/2 21-wp-10240-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10240 OF 2019 Kanta Govind Parmar ..Petitioner Vs.

The Managing Officer and Sub Divisional Officer, Ulhasnagar Division ..Respondent .....

Mr. B. G. Ligade a/w. Drupad Patil, Advocate for Petitioner. Mr. C. D. Mali, AGP for Respondent No.1 / State. CORAM : C.V. BHADANG, J.

DATE : 24th FEBRUARY, 2020 P.C.

.

Heard learned counsel for the parties. This petition can be disposed of on a short count as the petitions involving similar issue have already been decided by this Court.

2.

The challenge in this petition is to the order dated 15/3/2019 passed by the respondent No.1 thereby refusing to entertain the application dated 2/11/2019 filed by the petitioner under the provisions of Displaced Persons (Compensation and rehabilitation) Act, 1954.

3.

The learned counsel for the petitioner has produced, the copy of the order dated 4/2/2020 passed in Writ Petition No.951/2020 wherein under similar circumstances the matter has been remitted back to the respondent. Learned AGP appearing for the respondent Mamta Kale

2/2 21-wp-10240-19 does not dispute that the present petition involves similar issue as was raised in Writ Petition No.951/2020.

4.

In that view of the matter, for the similar reasons, the petition is allowed.

5.

The impugned order is hereby set aside.

6.

The application dated 2/11/2019 is remitted back to the respondent for deciding it afresh on its own merits and in accordance with law within a period of six weeks from the date of receipt hereof.

7.

The petitioner to appear before the respondent on 16/3/2020. 8.

The petition is disposed of in the aforesaid terms with no order as to costs.

C.V. BHADANG, J.

Mamta Kale