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Bombay High CourtWP/10321/2018disposed off

Sangram Anilkumar Shete v. The State Of Maharashtra Thru Secretary, Revenue And Forest Dept. And ORS

2018-10-04Hon'Ble Shri Justice Sarang Vijaykumar Kotwal,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

903-wp-10321.2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10321 OF 2018 Sangram Anilkumar Shete ...

Petitioner

Versus

The State of Maharashtra and Ors.

...

Respondents Mr. L.S. Deshmukh for the petitioner.

Mrs. Ashwini Purav, AGP for respondent nos.1 to 5. CORAM : SHANTANU KEMKAR & SARANG V. KOTWAL, JJ.

DATE :

OCTOBER 04, 2018 P.C.:

Parties through their counsel. With consent heard finally. 2.

The grievance of the petitioner is that the Collector, Satara has reserved a plot near the river bed situated at Mhaswad for excavating the sand for which the proposal was rejected by Mhaswad Municipal Council. However, inspite of that contrary to the prescribed procedure, the land has been reserved by the impugned order dated 16.3.2018 Exhibit "G1".

3.

It is also the case of the petitioner that raising the aforesaid grievance, he has filed a representation Exhibit. R dated 19/7/2018 but till date no decision on the said representation has by Hemant Vasantrao Nilegaonkar Date:

2018.10.05 10:33:22 +0530 nilegaonkar 1/2 Hemant Vasantrao Nilegaonkar

903-wp-10321.2018.doc been taken. He also submits that as on date the excavation has not been started. Petitioner also contends that the impugned reservation of the land has been done without following due procedure and without considering the petitioner's allegations that the subsequent resolution which was made basis for the grant of permission is forged one.

4.

Having considered the submissions made by the learned counsel for the petitioner as also by the learned AGP, we dispose of this petition by directing the Collector, Satara respondent no.3 to consider and take appropriate decision on the said representation Exhibit. R within a period of four weeks from the date of appearance of the petitioner before him. 5.

Petitioner to appear before the Collector, Satara along with copy of this order on 8.10.2018 at 11.00 a.m. 6.

With the aforesaid directions, petition is disposed of. (SARANG V. KOTWAL, J.) (SHANTANU KEMKAR, J.) nilegaonkar 2/2