Sou. Namrata Pradip Badkur And ORS. v. State Of Maharashtra And ANR.

wpst21736.doc ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION ST.NO.21736 OF 2017 Namrata Pradip Badkur & Ors.

...Petitioners

vs.

State of Maharashtra & Anr.

...Respondents

Mr.Amol Mhatre for the Petitioners Mr.Y.S.Khochare, AGP for the respondent Nos.1 and 2. CORAM : A.S.OKA, & SANDEEP K. SHINDE, JJ.

DATE : NOVEMBER 19, 2018 P.C.:

Prayer clause (a) does not seek substantive relief. The only prayer by which a substantive relief is claimed is the prayer clause (b) which reads thus:

"(b) Be pleased to issue writ, and/or directions in like nature thereby directing the Respondent No.2 to process the applications Dated 30.3.2017 preferred by the petitioners in accordance with the Circular published by the Respondent No.1 State Govt.

along with development and promotional regulations for Thane, Palghar, Raigad Region dated 6.5.2017."

The applications made by the petitioners under section 44(1) of the Maharashtra Land Revenue Code,1966 are pending before the Collector. It is for the Collector to decide whether the Circular

wpst21736.doc dated 6th May 2017 relied upon by the petitioners will apply to the said applications. Therefore, this petition need not be kept pending and the same is disposed of by passing the following order: (I) We direct the District Collector, Thane or the Additional District Collector, Thane before whom the application dated 30th January 2017 (Exhibit-C to the petition) is pending, to decide the said application in accordance with law as expeditiously as possible and in any event within a period of two months from the date on which this order is uploaded;

(II) It is for the District Collector to decide whether the Circular dated 6th May 2017 will apply to the said application. All contentions of the parties in that behalf are kept open;

(III) The order passed on the application by the District Collector be immediately communicated to the petitioner ;

(IV) Needless to add that if the petitioner is aggrieved by the order which may be passed by the by the District Collector, it will be always open for him to adopt efficacious remedy under the Maharashtra Land Revenue Code;

(SANDEEP K.SHINDE,J.) (A.S.OKA,J.)