Baba Mohammad Ziauddin Haji Munshi Raza Khan Through Poa Holder Sabir Ali Mazhar Ali Shaikh v. The State Of Maharashtra And ANR.

P47-wp-11839.2016.sxw hvn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11839 OF 2016 (Production Board dated 14.10.2016) Baba Mohammad Ziauddin Haji Munshi Raza Khan ... Petitioner

Versus

The State of Maharashtra and Ors.

... Respondents Mr. Abhijit Kandarkar for the petitioner.

Mrs. R.M. Shinde, AGP for the respondent State. CORAM :

SHANTANU KEMKAR & MAKARAND KARNIK, JJ.

DATED :

OCTOBER 15, 2016.

P.C.

Not on board. Taken on production board in view of the urgency. 2.

Parties through their counsel.

3.

The only relief claimed by the petitioner is to direct respondent no.2 Tahsildar to reconsider the petitioner's prayer made through Application dated 8.3.2016 Exh. "D". According to the petitioner, while taking the decision dated 5.11.2015, the Tahsildar has not taken into consideration all the relevant documents.

4.

In view of the aforesaid, without commenting upon the merits of the matter and the petitioner's entitlement, this petition is disposed of by directing the concerned Tahsildar to re-consider the petitioner's claim for entering his name in the record of rights in respect of the survey

P47-wp-11839.2016.sxw numbers mentioned in the said application dated 8.3.2016 Exh. D. Petitioner is at liberty to submit a detailed representation with supporting documents before Tahsildar within two weeks in regard to the prayers made by him in application Exh."D". On receipt of such application for reconsideration, The Tahsidlar shall reconsider the same and take a fresh decision uninfluenced by his earlier decision dated 5.11.2015 as expeditiously as possible preferably within three months from the date of receipt of copy of this order. 5.

With the aforesaid directions, petition is disposed of. (MAKARAND KARNIK, J.) (SHANTANU KEMKAR, J.)