Farroq Yasin Sayyad Inamdar And ORS v. State Of Maharashtra Thr. Principal Secretary And ORS

11 wp 8731 of 2021.doc KANCHAN PRASHANT DHURI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by KANCHAN PRASHANT DHURI Date: 2021.12.09 21:24:58 +0530 WRIT PETITION NO.8731 OF 2021 Farroq Yasin Sayyad Inamdar and Ors.

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Petitioners

Versus

State of Maharashtra and Ors.

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Respondents Mr. Sagheer Khan with Mr. Sharique Nachan, Mr. Azeem Shaikh i/by Judicare Law Associates, for Petitioners.

Mr. S.S.Panchpor, AGP, for State.

Mr. Venkatesh Chirmalla, Circle Ofocer, Hadapsar, present.

CORAM:

S.J. KATHAWALLA & MILIND N. JADHAV, JJ.

DATE:

8th DECEMBER, 2021 P.C.:

1.

By the above Writ Petition, the Petitioners interalia seek the following relief :

(a) This Hon'ble Court be pleased to issue Writ of Mandamus or any other appropriate writ in the nature of Mandamus, order, direction under Article 226 of the Constitution of India, declaring that the said Government Resolution / Order dated 13.04.2016 (Exhibit K) is applicable to CTS No.530 and Survey Nos.74/45 at Hadapsar, Taluka Haveli, District Pune, and further direct the Respondent Nos.4 to 8 not to mutate the name of the Respondent No.9 in the Ownership Column of the properties bearing Survey Ns.74 and 75 admeasuring 63 acres 5 Gunthas situated at Hadapsar, Taluka Haveli, District Pune, owned by the Petitioners;" 2.

We are informed by the learned AGP that a representation dated 11th October, 2021 is filed by the Petitioners before the Tahasildar, Haveli, Dist. Pune. He SSP 1/2

11 wp 8731 of 2021.doc states that the Circle Ofocer is present in Court and he has instructions from the Tahasildar, Haveli that he will give a hearing to all the concerned parties and pass his orders at the earliest. In view thereof, we pass the following order : (i) The Tahasildar, Haveli, shall hear all the concerned parties and pass his orders on the representation dated 11th October, 2021 filed by the Petitioners within a period of four weeks from today.

(ii) The parties shall appear before the Tahasildar, Haveli on 13th December, 2021 and obtain necessary directions. (iii) The parties shall also be at liberty to file their respective written submissions before the Tahasildar, Haveli, who shall decide the same strictly on merits and all contentions of the parties are kept open. (iv) In the event of the order being against the Petitioners, the same shall not be implemented for a period of two weeks thereafter. (v) The learned Advocate for the Petitioners shall forthwith forward a copy of this order to the Respondents save and except the Respondents who are represented in Court by the learned AGP.

(vi) The Writ Petition is accordingly disposed of. ( MILIND N. JADHAV, J.) ( S.J.KATHAWALLA, J. ) SSP 2/2