Mohan Anandrao Chauhan Decd Through Lhrs v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7642 OF 2021 Sambhaji Anandrao Chauhan Petitioner WRIT PETITION NO. 7627 OF 2021 Achutrao Anand Chauhan Patil Petitioner WRIT PETITION NO.7643 OF 2021 Atmaram Tatoba Chauhan WRIT PETITION NO.7644 OF 2021 Mahadev Dadu Chauhan Dec. Ananda Mahadev Chauhan Petitioner by SEEMA KSHITIJ YELKAR Date:

2021.11.18 10:20:31 +0530 SEEMA KSHITIJ YELKAR 1/6

WRIT PETITION NO. 7630 OF 2021 Jagannath Dnyandev Gurav Petitioner WRIT PETITION NO.7647 OF 2021

1. Mohan Anadrao Chauhan D/h.

1A. Rangubai Mohan Chauhan WRIT PETITION NO.7645 OF 2021 Tukaram Dnyandev Kachare WRIT PETITION NO.7649 OF 2021

1. Dattatray Subhash Garud WRIT PETITION NO.7646 OF 2021 2/6

1. Shripati Vishnu Nilugade D/h., 1A. Sanjay Shripati Nilugude WRIT PETITION NO.7648 OF 2021 Janardan Dinkar Yadav WRIT PETITION NO.7652 OF 2021 Anna Bayaji Chauhan D/h.

1A. Tatoba Anna Chauhan WRIT PETITION NO.7650 OF 2021

1. Ashok Atmaram Chauhan 3/6

WRIT PETITION NO.7651 OF 2021

1. Arun Maruti Chauhan D/h.

1A. Shubham Arun Chauhan .....

Mr. Akshay Patil for the Petitioners in all petitions. Mr. R.S. Pawar, AGP for the State in Writ Petition No.7642 of 2021. Mr. A.I. Patel, AGP for the State in Writ Petition No.7627 of 2021. Smt. R.M. Shinde, AGP for the State in Writ Petition No.7643 of 2021.

Smt. M.S. Bane, AGP for the State in Writ Petition No.7644 of 2021. Smt. A.A. Purav, AGP for the State in Writ Petition No.7630 of 2021. Mr. R.S. Pawar, AGP for the State in Writ Petition No.7647 of 2021. Smt. R.M. Shinde, AGP for the State in Writ Petition No.7645 of 2021.

Smt. M.S. Bane, AGP for the State in Writ Petition No.7649 of 2021. Smt. A.A. Purav, AGP for the State in Writ Petition No.7646 of 2021. Mr. R.S. Pawar, AGP for the State in Writ Petition No.7648 of 2021. Smt. R.M. Shinde, AGP for the State in Writ Petition No.7652 of 2021.

Smt. M.S. Bane, AGP for the State in Writ Petition No.7650 of 2021. Smt. A.A. Purav, AGP for the State in Writ Petition No.7651 of 2021. .....

CORAM : PRASANNA B. VARALE AND S.M. MODAK, JJ.

DATE : 16th NOVEMBER 2021 P. C. :

4/6

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The Petitioners are residents of Village Sajur, Taluka Karad, District Satara have approached this Court raising grievance to the notice issued at the instance of Sub Divisional Land Acquisition Officer, Karad, Sub-Division Karad, dated 30th August, 2021. A copy of the same is placed on record at the page 27. 2.

The submission is award was passed way back in year 2001 for acquisition of certain lands for Rehabilitation purposes. The Petitioners were shown in the list of land owners who are not beneficiary cultivators according to these lands. 3.

It is submitted by the counsel for the Petitioners is that the Petitioners were under impression that name of the Petitioners might be placed in the list, their land would not be utilized for any purposes but for the surprise, the Petitioners received a notice intimating the Petitioners that as their land is acquired and process is initiated for distribution of land to the Project affected person, the Petitioners have approached this Court. When query was put to learned counsel for the Petitioners whether before approaching this Court, any steps were taken by the Petitioners to apprise the Sub Divisional Officer or Collector to inform about the objection to the Petitioner, the counsel for the Petitioners submitted that after receipt of the notice immediately petition is filed as such.

The exercise of approaching the Collector or apprising Sub Divisional Officer remained to be completed. The counsel for the Petitioners then submitted that if the liberty is granted to the Petitioners, the Petitioners would submit their grievance before the Competent Authority i.e.

Rehabilitation (land) as well as Collector of Satara district. 4.

In view of the submission made by learned counsel for the Petitioners, we deem it appropriate to disposed of the petition with certain directions:- DIRECTIONS

1. The Petitioners are permitted to submit representations to the Collector Satara as well as Collector and Deputy Collector of Rehabilitation (land), Satara within two weeks from today.

2. On receipt of such representation, the Competent Authority to decide the representations.

3. In case the Petitioners request for opportunity of hearing the Competent Authority may consider that request,

4. The Competent Authority to decide their representations as expeditiously as possible.

5. As the Petitioners expressed their willingness to approach the Competent authority for raising grievance, the Respondents and more particularly Respondent No. 5 is directed not to take any action in pursuance to the notice dated 30th August 2021, for a period of two weeks from today.

6. All concerned to act upon authenticated copy of this order issued by the Registry of this Court and communicate the order to the Authority expeditiously. 5.

All Writ Petitions are disposed of.

(S.M. MODAK, J.) (PRASANNA B. VARALE, J.) 6/6