Shri. Chindu Babu Bangari And ANR. v. The State Of Maharashtra Through Secretary, Revenue And Forest Dept. And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12367 OF 2016 Chindu Babu Bangari & Anr.

.... Petitioners Vs.

The State of Maharashtra & Others .... Respondents Mr. Suresh M. Sabrad for the Petitioners.

Mr. A.I. Patel, Addl. G.P. for the Respondent-State. CORAM: S.C. DHARMADHIKARI & SMT. BHARATI H. DANGRE, JJ.

DATE : JANUARY 15, 2018 P.C:

1.

After having heard the petition for some time and expressing our disinclination to interfere with the order under challenge, Mr. Sabrad, on taking instructions from the petitioners who are present in Court, makes a statement that the petitioners will not dispute the fixation of the purchase price at Rs.1,03,01,400/- and accept it but the grievance of the petitioners is that once this amount is paid, no separate tax be levied, assessed and recovered insofar as non-agricultural user is

concerned.

2.

This petition was filed challenging the order passed by the first respondent in exercise of the powers conferred by Section 36A of the Maharashtra Land Revenue Code, 1966 r/w the Maharashtra Land Revenue (Transfer of Occupancy by Tribals to Non-Tribals) Rules, 1975.

3.

As far as conversion and carrying out of a non-agricultural user is concerned, the petitioners will have to invoke independent power of the functionaries including the Collector/Urban Development Department under the Maharashtra Land Revenue Code, 1966. Meaning thereby, that controversy or issue having not been dealt with by the impugned order, the petitioners desire to request the Competent Authority not to levy such taxes while allowing the conversion or change of user. Mr. Sabrad, on further instructions from the petitioners, says that the petitioners would make an application to the Competent Authority seeking this relief and liberty be reserved to that limited extent.

4.

At the request of Mr. Sabrad, we allow the petitioners to withdraw this writ petition with the liberty as prayed. All contentions limited and restricted to this controversy alone are kept open.

5.

The writ petition accordingly stands disposed of. (SMT. BHARATI H. DANGRE, J.) (S.C. DHARMADHIKARI, J.)