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Bombay High CourtWP/12060/2017disposed off

Mr. Balu Shankar Salve v. The State Of Maharashtra Through Secretary, Revenue And Forest Dept. And ORS.

2018-10-05Hon'Ble Shri Justice M.S. Sonak,Hon'Ble Shri Justice A.S. Oka2 pages

Shridhar Sutar 1 3-wp-12060.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12060 OF 2017 Balu Shankar Salve ... Petitioner

Versus

The State of Maharashtra and others ... Respondents .....

Mrs. Anjali Neel Helekar for the Petitioner.

Mr. P. P. More, AGP for the State.

.....

CORAM : A. S. OKA AND M. S. SONAK, JJ.

DATE : 05th OCTOBER, 2018.

P. C.:

1.

This writ petition was repeatedly adjourned to enable the learned AGP to take instructions. However, the learned AGP states that till today he has not received any instructions. The petitioner made an application on 4th September, 2015 to the Tahsildar of Taluka Shirur, District Pune, praying for allotment of the land which is subject matter of this petition. On the ground stated in the said application, another contention raised in the application is that the entry of "forest" ought to be removed from the 7/12 extract in respect of the subject land.

Shridhar Sutar 2 3-wp-12060.17.doc 2.

As the learned AGP has not received any instructions notwithstanding grant of adjournment on more than one occasions, we will have to proceed on the footing that the said application is still pending. Accordingly, we pass the following order:-

O R D E R

(i) We direct the State Government to place the application dated 4th September, 2015 (Exhibit"F" to the petition) before the appropriate authority of the State Government which is empowered to decide the said application;

(ii) The application shall be decided and the order passed thereon shall be communicated to the petitioner within a period of three months from the date on which this order is uploaded;

(iii) We make it clear that we have made no adjudication on the merits of the prayers made by the petitioner; (iv) The writ petition is disposed of in the above terms. ( M. S. SONAK, J. ) ( A. S. OKA, J. ) Shridhar Marutirao Sutar Shridhar Marutirao Sutar Date: 2018.10.09 12:56:56 +0530