Ganu Laxman Parhad v. The State Of Maharashtra And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10347 OF 2022 Aba @ Abaji Shripati Jathar ....Petitioner
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The State of Maharashtra and ors.
....Respondents with WRIT PETITION NO. 10350 OF 2022 Sambha Patalu Bombale (Deceased) through his legal heirs 1A. Balu Sambha Bombale ....Petitioner
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The State of Maharashtra and ors.
....Respondents with WRIT PETITION NO. 14693 OF 2022 Sakha alias Sakharam Laxman Parhad ....Petitioner
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The State of Maharashtra and ors.
....Respondents with WRIT PETITION NO. 14694 OF 2022 Bhima Alias Bhimaji Laxman Parhad ....Petitioner
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The State of Maharashtra and ors.
....Respondents with WRIT PETITION NO. 14695 OF 2022 Narmadabai Yesu Sawant (Since Deceased) through legal heir - Smt. Ushabai Bajirao Landge ....Petitioner
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The State of Maharashtra and ors.
....Respondents with WRIT PETITION NO. 14696 OF 2022 Laxmibai Dhondu Kadlag (Since Deceased) ....Petitioner
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The State of Maharashtra and ors.
....Respondents by SHUBHADA SHANKAR KADAM Date:
2022.12.03 15:10:13 +0530 SHUBHADA SHANKAR KADAM 1/4
with WRIT PETITION NO. 14697 OF 2022 Laxmibai Prakash Jori ....Petitioner
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The State of Maharashtra and ors.
....Respondents with WRIT PETITION NO. 14698 OF 2022 Ganu Laxman Parhad ....Petitioner
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The State of Maharashtra and ors.
....Respondents with WRIT PETITION NO. 14699 OF 2022 Kantaram Bhikaji Gopale ....Petitioner
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The State of Maharashtra and ors.
....Respondents Mr. Sachin H. Deokar, Advocate for the Petitioner in all the petitions. Mrs. Rupali M. Shinde, AGP for State in all the petitions. CORAM : R. D. DHANUKA & S. G. DIGE, JJ.
DATE : 30th NOVEMBER, 2022.
P.C. :
1.
Rule. Learned AGP waives notice on behalf of Respondents. Rule is made returnable forthwith. By consent, the petitions are heard finally.
2.
By these petitions filed under Article 226 of the Constitution of India, the petitioners seek writ of mandamus against 2/4
the respondents to forthwith allot the land described in prayer clause (b) of the petitions and further seeks order and directions to decide the applications made by the petitioners as expeditiously as possible and not later than eight weeks from the date of the order passed by this Court.
3.
At this Stage, Mr. Deokar, learned counsel for the petitioners pressed for prayer clause (c) of the petitions. The application mentioned in the said prayer clause (c) is annexed to the respective petition.
4.
We direct respondent No.3 to decide the applications filed by the petitioners in all these petitions within a period of eight weeks from today in accordance with law.
5.
The order that would be passed by respondent No.3 shall be communicated to the petitioners within a period of one week from the date of passing of the order.
6.
In case, the applications made by the petitioners are allowed, consequential reliefs shall be granted in favour of the petitioners within eight weeks from the date of the order as may be permissible in law.
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7.
If the applications made by the petitioners are rejected, the petitioners would be at liberty to file appropriate proceedings as may be permissible in law.
8.
It is made clear that if the applications of the petitioners are decided favourably, the respondents to consider the allotment of lands that are identified by the petitioners in the applications subject to availability and subject to eligibility of the petitioners. 9.
The petitions are allowed in the aforesaid terms. 10.
It is made clear that we have not expressed any opinion on the merits of the applications made by the petitioners. All contentions of both parties are kept open.
11.
The parties to act upon authenticated copy of this order. (S. G. DIGE, J.) (R. D. DHANUKA, J.) 4/4